Advocate Appeared :

Vishal Mishra, J.

1. With the consent of the parties, the matter is finally heard through VC.

2. The present misc. petition is being filed challenging the order dated 7.09.2020 passed by the Sub-Divisional Officer Basoda, District Vidisha, whereby the application filed by the petitioners under Section 89 of the MPLRC has been rejected.

3. Counsel for the petitioners submits that although he is having a remedy of appeal but looking to the facts and circumstances of the case he has preferred to file a petition directly before this Hon'ble Court for the reasons that after rejection of application under Section 89 by the SDO he has preferred an application under Section 115 to the Commissioner. The Commissioner has considered the application and has not passed any order upon the application and he remanded the matter back to the concerning SDO for consideration pointing out the fact that after the amendment in MPLRC on 27.07.2018 the provisions are repealed. Therefore, the present petition has been filed directly. It is pointed out that he has preferred an application under Section 115 and 116 of MPLRC for correction in the land records on the basis of premise that fath