ORDER

Per, Ashwini Kumar Rai, Presedent.

1. This order deals with an application, which has been received on 16.5.2019 from the applicant, viz, the Collector, District Morena, under proviso (i) of section 51(1) of Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as ''Code'' for brevity), seeking sanction of the Board of Revenue of review the order No. 01/2017-18/B-121 dated 4.12.2017 passed by his predecessor.

2. We have heard he detailed agruments of the Learned Counsels appearing on behalf of both the parties, We have also perused the records.

3. According to the Learned Counsel for the non-applicant, as the order No. 01/2017-18/B-121 dated 4.12.2017 passed by the then Collector, District Morena, sanction for review of which has no been sought by the successor Collector from the Board of Revenue, has already been dealt with and affirmed in appeal by the Commissioner, Chambal Division, Morena vide his order No. 006/Appeal/2018-19 dated 22.1.2019, it is not permissible, as per Section 51(4) of the code, for the Collector, District Morena, who is subordinate to the Appellate Authority, viz, the commissioner, Chambal Division, Morena, to review the order No. 01/2017-18/B-121 dated 4.12.2017 passed by the then Collector, District Morena. Leaned Counsel for the non-applicant therefore prayed that the sanction to review the order No. 01/2017-18/B-121 dated 4.12.2017, now being sought from Board of Revenue by the applicant, should not be given.

4. From perusal of the records, it is clear that the order No. 01/2017-18/B-121 dated 4.12.2017 passed by the then Collector, District Morena, sanction for review of which has now been sought by the successor Collector from us, has indeed been dealt with and affirmed in appeal by the Commissioner, Chambal Division, Morena vide his order No. 006/Appeal/2018-19 dated 22.1.2019. It is also clear from a perusal of section 51(4) of the code that ''An order which has been dealt with in appeal or on revision shall not be reviewed by any Revenue Officer subordinate to the appellate or revisional authority.''. Such being the position, we have no manner of doubt in holding that it is not permissible, as per Section 51(4) of the Code, for the Collector, District Morena, who is subordinate to the Appellate authority, viz, the Commissioner, Chambal Division, Morena, to review the order No. 01/2017-18/B-121 dated 4.12.2017 passed by the then Collector, District Morena. Now that we have held that it is not permissible, as per section 51(4) of the Code, for the Collector, Distrcit Morena, who is subordinate to the Appellate authority, viz, the Commissioner, Chambal division, Morena, to review the order No. 01/2017-18/B-121 dated 4.12.2017 passed by the then Collector, District Morena, the question of us according sanction for the same, under proviso (i) of section 51(1) of the Code, as is being sought from us through the present application by the applicant, viz., the Collector, District Morena, just doesn't arise. Under these circumstances, we are left with no option but to reject the application received from the applicant, viz., the Collector, District Morena, seeking sanction of the board of Revenue to review the order No. 01/2017-18/B-121 dated 4.12.2017 passed by his predecessor.

5. In the facts and circumstance of the case as stated in the previous paragraphs, we hereby reject the application received from the applicant, viz., the Collector, District Morena, under proviso (i) of section 51(1) of the Code, seeking sanction of the Board of Revenue to review the order No. 01/2017-18/B-121 dated 4.12.2017 passed by his predecessor, as the same is not permissible as per section 51(4) of the Code.