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2020 Supreme(MP) 474
(HIGH COURT)
G. S. Ahluwalia, J.
Hargyan v. Bhagwan Singh and others
Writ Petition No. 3200 of 2017 (Gwalior); against the order dated 1.5.2017 passed by the Board of Revenue in Revision No. 2695-PBR/2016; Decided on 4.3.2020.
N. K. Gupta with S. D. Singh for petitioner; Vinod Bharadwaj with Kartik Sharma for respondents No. 1 and 2.
Headnote:
¼1½ Hkw&jktLo lafgrk] 1959 ¼e-ç-½ && /kkjk 178 && foHkktu dk;Zokgh && foHkktu Qnks rFkk vij rglhynkj }kjk viukbZ xbZ izfØ;k ij vusd vkifÙk;k¡ && fdlh Hkh izkf/kdkjh }kjk vkifr;ksa ij fopkj ugha fd;k x;k && ek= ^^vLohÑr** mYys[k djrs gq, [kkfjt dh xbZa && ;g izkf/kdkjh dh euekuh gS & U;k;iw.kZ O;ogkj ds fl)kar esa vKkr gS && jktLo eaMy Hkh ml igyw ij fopkj djus esa vleFkZ jgk &&dkj.k izdV fd, tkuk pkfg, rFkk vk[;kid vkns'k ikfjr fd;k tkuk pkfg, && ekeyk vkifÙk;ksa dk fofu'p;u djus i'pkr~ vfxze dk;Zokgh ds fy, ekeyk vij rglhynkj dks izfrizsf"krA ¼2010½9 ,l lh lh 496 vuqlfjrA ¼iSjk 11 ls 13
¼2½ vkns'k && U;k;ky; dk drZO; && dkj.k izdV fd, tkuk pkfg, rFkk vk[;kid vkns'k ikfjr fd;k tkuk pkfg,A ¼2010½9 ,l lh lh 496 vuqlfjrA ¼iSjk 11 ,oa 12
(1) Land Revenue Code, 1959 (M.P.) -- S. 178 -- partition proceedings -- various objections on partition list and proceedure adopted by additional Tahsildar -- objections not considered by any authority -- same dismissed mere mentioning "rejected" -- it is arbitrariness of authority -- completely unknown to principle of fair play -- even Board of Revenue failed to consider that aspect -- reasons should be disclosed and specking order should be passed -- matter remanded to Additional Tahsildar for further proceed after deciding objections. (2010)9 SCC 496 followed. [Paras 11 to 13
(2) Order -- duty of Court -- reasons should be disclosed and speaking order should be passed. (2010)9 SCC 496 followed. [Para 11 & 12
ORDER
1. This petition under Article 227 of the Constitution of India has been filed against the order dated 1.5.2017 passed by the Board of Revenue in Revision No. 2695-PBR/2016, the order dated 6.7.2016 passed by Additional Commissioner, Gwalior Division, Gwalior in Case No. 21/15-16/Appeal as well as the order dated 5.8.2015 passed by the Additional Tahsildar, Circle Bahodapur, District Gwalior in Case No. 23/14-15/A-27.
2. It is the case of the petitioner that the respondents no.1 and 2 filed an application under section 178 of M.P. Land Revenue Code for partition of holding. The first application was dismissed for want of prosecution by order dated 24.7.2014. Thereafter another application was filed on 30.10.2014 and the Fard Batwara was summoned. After receiving the Fard Batwara it was directed to be published and the notices were issued to the respondents including the petitioner. It is submitted by the counsel for the petitioner that on 20.3.2015 the petitioner filed an objection to the Fard Batwara and by order dated 31.3.2015 time was granted to the respondents no.1 and 2 for filing reply. The arguments on the objections filed by the petitioner were heard on 6.4.2015 and thereafter the case was adjourned and ultimately on 11.5.2015 the following order was passed:-
^^11@05@2015
1 izdj.k is'kA
2 mHk; i{k vfHk- ds rdZ Jo.k fd, x,A vukosnd vfHk- dh vkifRr fd cVkadu dk vf/kdkj bl U;k;ky; dks ugha gSaA vukosnd vfHk- }kjk izLrqr tokc LohÑr dj vkifRr vLohÑr dh tkrh gSA
3 U;k; fgr esa izdj.k vkosnd ds izfrijh{k.k gsrqA**
3. By referring to the objections filed by the petitioner, it is submitted by the counsel for the petitioner that various objections were raised including the land given to the parties in the Fard Batwara. However, none of the objections filed by the petitioner were decided by the Additional Tahsildar and accordingly the revision was filed by the petitioner before the Board of Revenue which was registered as Revision No. 1044-PBR/15 and the said revision was dismissed by the order dated 7.7.2015 by passing the following order:
^^07@07@2015
vkosnd vf/koDrk }kjk xzkg~;rk ij izLrqr rdksZ ij fopkj fd;k tkrk x;k rFkk rglhy U;k;ky; ds vkns'k fnukad 11-5-2015 dh lR;izfrfyfi dk voyksdu fd;k x;kA rglhynkj ds le{k vkosnd dh vksj ls bl vk'k; dh vkifRr izLrqr dh xbZ gS fd cVkadu dk vf/kdkj rglhynkj dks ugha gS] tcfd cVkadu djus gsrq rglhynkj gh l{ke gS] vr% vkosnd dk vkifRr vkosnu i= fujLr djus esa rglhynkj }kjk izFken`"V;k fofèklaxr dk;Zokgh dh xbZ gSA QyLo:i ;g fuxjkuh vk/kkjghu gksus ls blh Lrj ij vxzkg; dh tkrh gSA**
4. Thereafter the review petition was filed which was registered as Review No. 2109-PBR/2015 which was also dismissed by the Board of Revneue by order dated 16.7.2015. The orders passed by the Board of Revenue were challenged by the petitioner by filing W.P. No. 5338/2015. Since there was no interim order, therefore, the proceedings continued before the Court of Additional Tahsildar Circle Bahodapur, Tahsil Gwalior and ultimately the same came to an end by order dated 5.8.2015 and accordingly W.P. No. 5338/2015 was disposed of by this Court vide order dated 17.8.2015 with the following directions:
"Accordingly, this petition stands dismissed as rendered infructuous with liberty to the petitioner to assail the order of the Additional Tahsildar dated 5.8.2015 in the above said case before appropriate forum in accordance with law."
5. It is submitted by the counsel for the petitioner that thereafter the petitioner filed an appeal before the Court of the S.D.O. Gwalior which was registered as Appeal No. 40/2014-15/Appeal and the order dated 5.8.2015 passed by the Additional Tahsildar, Circle Bahodapur, Tahsil Gwalior was set aside and the appeal was allowed.
6. Being aggrieved by the order passed by the S.D.O., the respondents No. 1 and 2 filed Second Appeal No. 21/15-16/Appeal before the Court of Additional Commissioner, Gwalior Division, Gwalior. The said appeal was allowed by the order dated
