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2017 Supreme(MP) 553

SHEEL NAGU, S.A.DHARMADHIKARI
Babulal – Appellant
Versus
Rajveer Singh – Respondent


Advocates:
K.S. Tomar with J.S. Kaurav for appellants;
V.K. Bhardwaj with Raman Tiwari for respondents

JUDGMENT

1. The present intra Court filed under section 2(1) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred as “ Act of 2005”) assails the final order dated 10.2.2017 passed in Writ Petition No.5970/2016 whereby the learned Single Judge while exercising the power of superintendence under Article 227 of the Constitution of India has allowed the petition and set aside the order of Board of Revenue dated 5.8.2016 after holding that application of petitioner under section 250 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as ' the Code, 1959') was filed within the limitation period of two years as prescribed in section 250(1-a)(b) of the Code.

2. The argument of the learned counsel for the parties are heard solely on the question of maintainability of this writ appeal as it is objected by the learned counsel for the respondent that no appeal under section 2(1) of 2005 Act lies against the order passed under Article 227 of Constitution of India.

3. Learned counsel for the respondent in support of the objection has placed reliance on the decision of Dr. Jaidev Siddha (Dr.) v. Jaiprakash Siddha and others [2007(3) JLJ 151=2007(3) MP











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