Bane Singh vs Lal Ji Through LRs Koushlya Bai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 151

SUBODH ABHYANKAR
Bane Singh – Appellant
Versus
Lal Ji Through LRs Koushlya Bai – Respondent

Advocates:
Murtuza Bohra for petitioners; Himanshu Joshi for respondents No. 1 and 3.

ORDER

1. Heard finally.

2. This petition has been filed by the petitioners under Article 226 of the Constitution of India, assailing the order dated 29.1.2025, passed by the Additional Commissioner, Bhopal, whereby, on an application filed by the LRs of the respondent No.1 under section 52 (1) of the M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code of 1959'), the operation of the order dated 23.1.2025 passed the Additional Commissioner himself has been stayed.

3. Counsel for the petitioners has submitted that the aforesaid order is without jurisdiction, as the Additional Commissioner, who had decided the second appeal vide order dated 23.1.2025, could not have stayed his own order under section 52(1) of the Code of 1959, as the aforesaid section only provides for the stay of the order passed by the Revenue Authority, if an appeal or revision is to be preferred against the said order.

4. It is submitted that since the order dated 23.1.2025 was passed in a second appeal, there is no subsequent appeal provided against such order, and the revision is also not maintainable, and the aforesaid order can be challenged only in a petition under Article 226 of the Constitution o

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