ORDER

1. This petition has been preferred against the order dated 25.4.2022 passed by the Additional Commissioner, Ujjain Division, Ujjain whereby application filed by the petitioners for stay of order dated 14.3.2022 (Annexure P/6) passed by Sub Divisional Officer (Revenue), Sub Division Sitamau, District Mandsaur has been rejected.

2. As per section 50 of M.P. Land Revenue Code, 1959, a Revision shall lie before the Board of Revenue against an order passed by the Commissioner. The said Revision would be maintainable even against an interlocutory order passed by the Commissioner even in view of sub-section 3 of section 50 where two contingencies are provided for. For ready reference section 50 (3) is as under :-

(3) The Board or the Commissioner or Collector or the District Survey Officer shall not, under this section, vary or reverse any order made or any order deciding an issue, in the course of proceeding, except where-

(a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the proceedings; or

(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

3. The first condition for preferring a Revision is that if the order if it had been made in favour of the party applying for Revision would have finally disposed off the proceedings. Present case does not fall in that category. However the second condition as mentioned in Clause (b) is that the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. The present case would squarely fall within the said Clause.

4. In view of the above, this petition in view of availability of alternate remedy to the petitioner to challenge the impugned order by preferring a Revision before the Board of Revenue is not maintainable and is dismissed as such. The petitioner shall however be at liberty to challenge the impugned order before the Board of Revenue.