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SUBODH ABHYANKAR
AYODAYA BAI D/o JALAM – Appellant
Versus
LAXMI NARAYAN – Respondent
ORDER :
1. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 6-9-2022 passed by the Additional Collector, (Biora) District Rajgarh in a Revision No. 61/Nigrani/22-23, arising out of order dated 16-8-2022, passed by the Sub Divisional Officer in Case No. 56/Appeal/21-20.
2. In brief facts of the case are that the petitioners claim themselves to be the owners of the land situated at survey No. 956/1/1 and 957/1/1. The dispute arose between the parties in respect of the same land, the respondents No. 1 and 2 got their names mutated in the revenue record vide dated 30-3-2019 passed by the Tahsildar.
3. According to the petitioners, they were not aware of such mutation, and subsequently, when they came to know about the same, an appeal was preferred by them before the SDO along with an application for stay as well as for condonation of delay under section 5 of the Limitation Act, 1963 (hereinafter to be referred to as ‘Act of 1963’). The SDO has allowed the application filed under section 5, and has condoned the delay of around three years vide order dated 16-8-2022, which was challenged by the respondents before the Addit
The court established that revisional authority cannot interfere with interlocutory orders lacking sufficient reasoning, emphasizing the need for a reasoned decision.
Point of law: Protection of possession - specific instances given in writing in the memo of appeal to point out that in few cases, enormous delay is condoned by the very authority, but the same has n....
The main legal point established in the judgment is the liberal, pragmatic, justice-oriented approach, the elastic nature of 'sufficient cause', and the need to consider the conduct, behaviour, and a....
The court affirmed that procedural fairness requires notice before dismissal for delay in appeals, emphasizing jurisdiction must align with correct statutory provisions.
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