ORDER

The present petition under Article 227 of the Constitution of India is filed against the order dated 23.04.2019 passed by Sub Divisional Officer (Revenue) in Case No. 0027/16-17/Appeal, whereby the order of allotment of land bearing survey No.415, 416, 473 and 475 situated at village Bastari, District Gwalior vide order dated 25.09.2002 on Patta by Additional Tehsildar, Morar in Case No.05/01-02-A-19 under the provisions of Chapter-IV, Clause 3 of the Revenue

Book Circular, was set aside.

2. The challenge to the order is on the ground that the appeal preferred by the present respondents against the allotment order dated 25.09.2002 was admittedly after lapse of more than 15 years and without considering the application for delay in preferring the appeal and the reply filed thereto on behalf of the present petitioner, the appeal was admitted for hearing and later on, without considering and condoning the delay had decided the appeal on merits, which is impermissible.

3. Learned counsel for the petitioner submitted that the impugned order passed by learned Sub Divisional Officer is patently illegal, arbitrary and without jurisdiction hence the same deserves to be set aside. It was further argued that the land in question was duly allotted to the petitioner under the provisions of Revenue Book Circular under Chapter 4.3 Clause 24 vide order dated 25.09.2002 and the same though was well within the knowledge of the present respondents, after lapse of more than 15 years had preferred the appeal, which could not have been entertained since it was barred by limitation.

4. It was further submitted that though reply was filed by the present petitioner to the application for condonation of delay in preferring the appeal, but admittedly the contents of the said application as well as reply were not considered and the appeal was accepted for hearing, which is impermissible in law.

5. It was further contended that as per the provisions of Revenue Book

Circular, Chapter 4-3, Clause 30 against any order passed therein, the appeal is required to be preferred within a period of 45 days and ignoring the exorbitant delay, the appeal was allowed only on the ground that the provision as contained in the Revenue Book Circular for settlement of the land were not followed and it was also found that without properly publishing the notices and the possession over the land in question allotment was done and the persons who are eligible for allotment which could have been gone into only after the delay has been condoned and as there was no explanation afforded by the present respondents for preferring the appeal that with a delay the merits of the case could not have been gone into by learned Sub Divisional Officer. Thus, the impugned order is perse illegal and deserves to be quashed.

6. It was further submitted that the order passed by Tehsildar dated

25.09.2002 was very well within the knowledge of respondents, as in the reply to application under Section 5 of Limitation Act. The petitioner had specifically stated that on 29/05/2016, they had appeared before Tehsildar in the proceedings under Section 250 of MP Land Revenue Code initiated at the behest of the present petitioner but even after that, after more than one year, the appeal came to be filed challenge the said order which in wake of knowledge to the present respondents should have been dismissed on the ground of limitation itself and the appeal was decided on merits by Sub Divisional Officer which is perverse and deserves to be set aside. Thus, it was submitted that the present petition deserves to be allowed and the order passed by Sub Divisional Officer deserves to be set aside.

7. None for the respondents even after service of notice.

8. After hearing learned counsel for the petitioner, this Court finds that the order impugned before Sub Divisional Officer was dated 25.09.2002 passed by Tehsildar, Morar in Case No. 05/01-02-A-19 was passed under the provisions of Chapter 4 Clause 3 of Revenue Bo