ORDER

Present appeal has been filed u/S.2(1) of M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (for brevity “Adhiniyam of 2005”) against final order dated 10.02.2023 passed in MP. No.5414/2018 by learned Single Judge dismissing said petition, which had been preferred against an order of Board of Revenue passed on

22.09.2018.

2. The objection raised by Registry of this Court is of maintainability of this appeal in view of bar in Section 2(1) of Adhiniyam of 2005.

2.1 The objection is that the power exercised by learned Single Judge was not in his original jurisdiction under Article 226 of Constitution but under supervisory jurisdiction under Article 227 and, therefore, in view of the statutory bar, present appeal is not maintainable.

3. To counter the aforesaid objection, learned counsel for appellant, Shri Shah has relied upon decision of Apex Court in State of M.P. & Others vs. Visan Kumar Shiv Charan Lal reported in (2008) 15 SCC 233, which inter alia holds thus:- “17. From the aforesaid enunciation of law it is quite vivid and luminescent that the pleadings in the writ petition, nature of the order passed by the learned Single Judge, character and the contour of t