The judgment established the principle that a Revenue Authority has inherent powers under section 32 of the M.P. Land Revenue Code to implement orders necessary for the ends of justice, in the absence of an express provision in the Code.

SHEEL NAGU, J.

1. The petitioner in this petition prays for the following reliefs:---

"That the respondent be directed to initiate the procedure for the construction of road as approved and accepted by the respondent No. 2 in order dated 20-5-2014 in case No. 03/2013-14/A-60, and the procedure shall be completed within the time as may be fixed by this Hon'ble High Court".

This petition under Article 227 of the Constitution of India prays for the execution of the order passed by the Collector dated 20-5-2014 contained in Annexure P/1 whereby direction under section 234-237 of the M.P. Land Revenue Code is issued to the Tehsildar, Sheopur to carry out necessary amendment and entries in the map and other related revenue records in respect of the lands shown in the said order. Undoubtedly, the petitioner had invoked jurisdiction of the Collector under sections 234-237 of MPLRC which led to passing of the above said order dated 20-5-2014.

2. The grievance of the petitioner appears to be that despite the order of the Collector dated 20-5-2014 contained in Annexure P-1 having been implemented by Tehsildar amending the Revenue Records including the Map as is reflected from page 24 of this petition, no change in actuality at the spot has taken place.

3. It is thus contended that the road as shown in the amended Revenue Records based upon the order dated 20-5-2014 actually does not exist on the ground.

4. Apparently, the M.P. Land Revenue Code does not provide any independent provision vesting power upon any Revenue Authority to execute an order passed by Revenue Authorities under the Code.

5. However, section 32 of the Code deals with inherent powers with all Revenue Courts to be exercised for ends of justice and to prevent abuse of the process of Court.

6. For convenience and ready reference section 32 of M.P. Land Revenue Code is reproduced herein below:---

"32. Inherent power of Revenue Courts.--Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court."

7. In view of the above, the Court of the Collector who is a Revenue Authority under the M.P. Land Revenue Code has inherent powers to make such orders which are necessary for the ends of justice. It is settled principle of law that inherent powers of the Court provided by an express provision are meant to achieve the object of doing complete justice and to prevent abuse of the process of the Court. It is further settled law that such inherent powers ought not to be exercised where the grievance can be addressed by any other express provision of the statute. The following decisions can profitably be referred to for elucidating the scope, ambit, sweep and restrictions of exercise of inherent powers of the Court prescribed in different statutes:---

Manohar Lal Chopra Vs. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527, Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303 and Mohit alias Sonu and Another Vs. State of U.P. and Another, (2013) 7 SCC 789. Relevant Paragraph in the case of Manohar Lal Chopra (supra) is reproduced herein below:---

"43..... The inherent jurisdiction of the Court to make orders ex debito justitiae is undoubtedly affirmed by section affirmed by section 151 of the Code, but [inherent] jurisdiction cannot be exercised so as to nullify the provisions of the Code of Civil Procedure. Where the Code of Civil Procedure deals expressly with a particular matter, the provision should normally be regarded as exhaustive."

Relevant Paragraph in the case of Gian Singh (supra) is reproduced herein below:--

"53. Section c of the Code, as its very language suggests, saves the inherent power of the High Court which it has by virtue of it being a superior Court to prevent abuse of the process of any Court or otherwise to secure the ends of justice. It begins with the words, "nothing in this Code" which means that