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MILIND RAMESH PHADKE
Charan Singh – Appellant
Versus
Bharat Singh – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India is preferred against the order dated 28.5.2019 passed by the Additional Commissioner, Bhopal Division District Bhopal in Appeal No.853/2017-18 whereby while allowing the appeal, order passed by SDO dated 9.3.2019 in first appeal No.853/2017-18 was set-aside wherein the order passed by Tehsildar dated 16.6.2017 in case NO.85/A-6-A/15-16 whereby the application for correction of entries in revenue records preferred by the present petitioner was rejected, set-aside.
2. Learned counsel for the petitioner had argued before this Court that the order passed by the Additional Commissioner in the second appeal is per se illegal and dehors the provisions of deleted Section 116 of Madhya Pradesh Land Revenue Code, 1959 wherein an entry made in the land records prepared under section 114 of Madhya Pradesh Land Revenue Code, 1959 in respect of matters other than those referred to in section 108, could be corrected within one year of the date of such entry and for that the person is required to move an appropriate application before the Tehsildar for such correction within one year and only in those cases where corrections with
An appeal under Section 5(4) of the A.P Records of Rights in Land and Pattadar Pass Books Act is maintainable only against specific orders of the Tahsildar, not against mere entries in revenue record....
Section 116 of the Code, 1959 does not permit new entries in land records and only allows for correction of existing entries for aggrieved persons.
The procedural nature of Section 109 of the M.P. Land Revenue Code means that delays in filing mutation applications do not preclude their consideration under Section 110.
The court established that revenue entries must be corrected following the abatement of prior proceedings, regardless of the section under which the application was made.
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