ORDER

By the present petition, petitioners have challenged the order dated

18.9.2023 passed by Additional Commissioner, Sagar Division Sagar, in Appeal No.483/A-19/2022-23, whereby the appeal preferred by the respondents was Signature Not Verified Signed by: MOHD IRFAN allowed on merits.

2. Learned counsel for the petitioners submits that Naib Tehsildar Khargapur, District Tikamgarh passed an order for issuance of Patta of land bearing Khasra No.33 area 0.932 hectare situated at village Pathrai, Tehsil Khargapur, District - Tikamgarh in favour of petitioners on 16.8.1996 and the order was challenged by the respondents before the Revenue Board by preferring Revision under Section 50 of M.P. Land Revenue Code, which was later on transferred to the Court of Collector, Tikamgarh.

3. By order dated 31.8.2022 Collector, Tikamgarh declined to condone the delay occurred in preferring the revision and dismissed the application filed under Section 5 of the limitation Act by respondents and consequently dismissed the revision also. The order passed in the revision, dismissing the revision as barred by limitation was challenged by the respondents before the Additional Commissioner, Sagar Division Sagar. Additional Commissioner by the impugned order dated 18.9.2023, allowed the appeal on merits, without deciding the issue that whether the revisional court rightly refused to condone the delay or the delay was condonable. The order passed by the Additional Commissioner is assailed by the petitioner in the present case mainly on the ground that when the revision was dismissed on the issue of limitation, the Additional Commissioner had no jurisdiction to pass the order on merits. 4. Learned counsel for the petitioner prays for setting aside the order dated 18.9.2023 passed by Additional Commissioner.

5. Learned counsel for the respondents supported the order and submits that Additional Commissioner had examined the case on merits and decided the matter accordingly. However, fairly accepted that issue of limitation was ought to have been considered by the Additional Commissioner.

Signature Not Verified Signed by: MOHD IRFAN

6. Heard the parties, perused the documents available on record.

7. It appears that the original order passed by the Naib Tehsildar on

16.8.1996 granting Patta in favour of petitioner was challenged by the respondents in revision petition and the revision petition was dismissed on 31.8.2022 on account of dismissal of the application filed under Section 5 of the Limitation Act and the Collector had not decided the case on merits, whereas Additional Commissioner decided the appeal on merits.

8. It is trite law that, if any order is passed deciding the application filed for condonation of delay and delay has not been condoned and consequently the lis has been dismissed, the appellate/revisional authority can considered the issue only in respect of the delay and cannot decide the matter on merits. 9. It appears that Additional Commissioner has exceeded its jurisdiction by deciding the appeal on merits, which could have been decided only on the issue of limitation. The order passed by the Additional Commissioner is incorrect and illegal, and is hereby set aside.

10. The matter is remanded back to Additional Commissioner to decide the correctness of the order passed by Collector, whereby the Collector has declined to condone the delay occurred in preferring the revision. The issue of maintainability of the appeal before Additional Commissioner is kept open and the parties may address on the said issue before the Additional Commissioner.

11. With the aforesaid, present petition is allowed.

12. The parties are directed to appear before the Additional Commissioner on 20.5.2024.

(VINAY SARAF)

Signature Not Verified Signed by: MOHD IRFAN JUDGE irfan Signature Not Verified Signed by: MOHD IRFAN