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IN THE HIGH COURT OF MADHYA PRADESH
Subodh Abhyankar, J.
Bhuralal v. State of M.P. and others
Miscellaneous Petition No. 3911 of 2022 (Indore); against the order dated 16.8.2022 passed by Additional Collector, Indore in Revision No. 4/2022-23; Decided on 14.9.2022
Òw&jktLo lafgrk] 1959 ¼e-ç-½ && èkkjk 50 ¼1½] 50 ¼2½ ¼d½] 44 ¼2½] 46 ¼[k½ rFkk 248 && iqujh{k.k rFkk f}rh; vihy pyus ;¨X; g¨uk && ewy vkns'k èkkjk 248 d¢ vèkhu rglhynkj }kjk ikfjr && çFke vihy esa vkns'k mi[kaM vfèkdkjh }kjk ikfjr && ,sls vkns'k d¢ fo#) èkkjk 46 ¼[k½ d¢ vèkhu f}rh; vihy oftZr && èkkjk 50 ¼1½ d¢ vèkhu iqujh{k.k pykus ;¨X; && xq.kkxq.k ij fofu'p;u d¢ fy, ekeyk vij dysDVj d¨ çfrçsf"krA ¼iSjk 4 ,oa 5
Land Revenue Code, 1959 (M. P.) -- Ss. 50(1), 50 (2) (a), 44 (2), 46 (b) and 248 -- maintainability of revision and second appeal -- original order passed by Tahsildar under section 248 -- in first appeal, order passed by Sub-Divisional Officer -- second appeal against such order is barred under section 46 (b) -- revision maintainable under section 50 (1) -- matter remanded to Additional Collector for deciding revision on merits. [Paras 4 & 5
ORDER
1. The petitioner has filed the present petition under Article 227 of the Constitution of India, against the order dated 16.8.2022 passed by the Additional Collector, Indore whereby the petitioner's Revision No.4/2022-23 has been rejected only on the ground that against the impugned order dated 30.3.2022 passed by the Sub-Divisional Officer (Revenue), Depalpur, Indore which is final in nature, can be challenged only in an appeal by way of section 50(2)(a) of the Land Revenue Code., which provides that a revision is not maintainable against an appealable order.
2. Learned counsel appearing for the petitioner has submitted that the impugned order before the Additional Collector was final in nature against which the only remedy available to the petitioner is by way of revision under section 50(2)(a) of the Land Revenue Code. Counsel has submitted that against the aforesaid order dated 30.3.2022 an appeal would be barred under section 46 (b) of the Land Revenue Code as the order has been passed under section 248 of the Land Acquisition Act.* Thus, it is submitted that the impugned be set aside and the matter may be remanded back to the Additional Collector to decide the same on its own merits.
3. Learned counsel appearing for the State has not opposed the aforesaid legal preposition.
4. In view of the same and also taking note of section 46 as also section 50 (2) of the Land Revenue Code, it is apparent that initially the order was passed under section 248 of the Land Revenue Code which was decided by the Tehsildar vide order dated 30.3.2022 against which an appeal filed under section 44 of the Land Revenue Code and as per section 46 of the Code no second appeal lies in respect of the order passed in first appeal against an order under section 248 of the Code. However, the Additional Collector, Indore appears to have not gone through the aforesaid provision of law. In such circumstances, it is held that the revision in the present case would be maintainable before the Additional Collector.
5. Resultantly, the petition stands allowed and the impugned order dated 16.8.2022 passed by the Additional Collector is set aside and matter is remanded back to the Additional Collector, Indore to decide the matter in accordance with law.
The Board of Revenue exceeded its jurisdiction by entertaining a revision against a non-meritorious permit to withdraw, as the underlying assistant collector's order remained unchallenged.
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