ORDER

1. This is an appeal, filed under the provisions of Madhya Pradesh Land Revenue Code, 1995 (hereinafter referred to as ''Code'' for brevity), against the order No. 02/2020-21/Revision/6000 dated 2.7.2020, issued by District Collector, Sheopur, Whereby the No Objection Certificate No. 235/2019-20/B-121 dated 24.2.2020, issued earlier by his predencessor for establishment of a Retail Outlet for Petrol, Diesel and CNG, was cancelled, On 6.7.2020, appeal was heard by the Learned Administrative Member and vide his detailed order No. Appeal 279/2020/Sheopur/L.R. dated 14.7.2020, the appeal was dismissed by the Learned Administrative Member at the admission stage itself, on account of the same being not maintainable in the light of provisions contained in section 44 of the Code. While doing so, he however gave liberty to the appeallant to approach the ompetent Court for the reliefs prayed for. This order of the Learned Administrative Member was challenged before the Gwalior Bench of the Hon'ble High Court of Madhya Pradesh in WP No. 10356/2020. The Gwalior Bench of the Hon'ble High Court of Madhya Pradesh, vide its order dated 23.8.2021 passed in the said WP No. 10356/2020, set aside the above-mentioned order dated 14.7.2020 of the Learned Administrative Member and remanded back the case to the Board of Revenue for fresh adjudication. That's how this appeal is before us now.

2. We have head the detailed arguments of the Learned Counsels appearing on behalf of both the parties. We have also perused the records.

3. From the perusal of records, it is clear that the No Objection Certificate No. 235/2019-20/B-121 dated 24.2.2020, for revision of which District Collector, Sheopur initiated an undated note, addressed to the Commissioner, Chambal Division, seeking his permission under section 50 of the Code, on which the Commissioner, Chambal Division accorded his approval on 1.7.2020, which formed the basis for initiation of further action in this case, ultimately culminating in the issuance of the impugned order No. 02/2020-21/Revision/6000 dated 2.7.2020 of District Collector, Sheopur, was not issued in exercise of any powers under the Code, rather it was issued undr Rule 144 of Petroleum Rules, 2002, framed in exercise of powers cnferred by Petroeum Act, 1934. That means the No Objection Certificate No. 235/2019-20/B-121 dated 24.2.2020, not having been issued in exercise of any powers under the Code, is not at order, because it does not fall within the definition of ''Order'' as contained in section 56 of the Code, which defines the ''Order'', for the purposes of Chapter V of the Code releating to Appeal, Revision and Review, to mean ''the formal expression of the decision given by the Board or a Revenue Officer in respect of any matter in exercise of powers under this Code.'' Once it is held that the No Objection Certificate No. 235/2019-20/B-121 dated 24.2.2020 is not an order for the purposes of Chapter V of the Code, there remains no room for doubt that for varying or cancelling that No Objection Certificate No. 235/2019-20/B-121 dated 24.2.2020, no recourse to the provisions of Chapter V of the Code relating to Appeal, Revision and Review is possible, because those provisions are available to be taken recourse to only in case of an order issued in exercise of powers conferrd under the code. Notwithstanding the above, for cancelling the No Objection CErtiticate No. 235/2019-20/B-121 dated 24.2.2020, District Collector, Sheopur, rather than taking recourse to the provisions of learned Rules, 2002, under which the said No Objection Certificate 235/2019-20/B-121 dated 24.2.2020 had been issued, chose, for reasons best known to him, to take recourse to the provision contained is section 50 of Chapter V of the Code, which was clearly without jurisdiction. This being the legal position, the action of District Collector,Sheopur in having initated the not seeking permission of the Commissioner, Chambal Division under section 50 of the Co