IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 5 OF JULY, 2023 MISC. PETITION No. 3816 of 2018 BETWEEN:-

HARNARAYAN S/O LATE SHRI SITARAM, AGED ABOUT 65 YEARS, OCCUPATION: AGRILCULTURIST R/O KASHIPUR TEHSIL BHANDER, DISTRICT DATIA (MADHYA PRADESH)

.....PETITIONER (BY SHRI N.K. GUPTA - SENIOR ADVOCATE WITH SHRI Y.P.S. RATHORE -

ADVOCATE )

AND

1. CHANDRA PRAKASH S/O SHRI GOVIND DAS R/O VILLAGE KASHIPUR TEHSIL BHANDER, DISTRICT DATIA (MADHYA PRADESH)

2. SURYA PRAKASH S/O GOVIND DAS R/O VILLAGE KASHIPUR TEHSIL BHANDER DISTRICT DATIA (MADHYA PRADESH)

3. STATE OF MP THROUGH COLLECTOR DISTRICT DATIA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ANAND BHARDWAJ - ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

1. The present petition under Article 227 of the Constitution of India has been directed against the order dated 9.7.2018 passed by the Board of Revenue in Case No.Review/Datia/L.R./2017/3079, whereby while dismissing the review the order dated 4.8.2017 passed by the Board of Revenue in Case Signature Not Verified No.II/Revision/Datia/L.R./2017/2404 wherein the matter was remanded to the S.D.O for giving notice to the parties and after giving opportunity of hearing and after comparing new Aks and old Aks with directions to pass appropriate orders was affirmed.

2. Brief facts of the case are that an application was filed before the competent authority by the present petitioner for correction of entries in the revenue records with regard to land bearing Survey No.30, 147, 249, 43 as before settlement the petitioner's name was recorded in the revenue records as owner of half of the portion of the land bearing Survey No.8, 324, 437, 43 and for remaining half portion of survey numbers names of the respondents no.1, 2 and 3 were recorded as owners, but during the proceedings of settlement, name of petitioner was wrongly removed and that of respondents no.1 and 2/objectors were illegally recorded.

3. In reply to the said application the facts pleaded by the present petitioners were denied by the respondents. The S.D.O, Bhander after hearing the parties and considering all the facts allowed the application filed by the petitioner and directed the concerned authorities for correcting the entries in the revenue records in favour of the petitioner over the land bearing survey numbers as mentioned above vide order dated 28.5.2015.

4. Against the aforesaid order the respondents no.1 and 2 filed first appeal before the Additional Commissioner, Gwalior. In the appeal objections were raised by the petitioner's counsel in regard to maintainability of the appeal and after considering the objections filed by the present petitioners the Additional Commissioner rejected the appeal as not maintainable vide order dated 26.12.2017.

5. Against the said order the respondents directly filed revision before Signature Not Verified the Board of Revenue and learned Board of Revenue while allowing the revision remanded the matter to the S.D.O for giving opportunity of hearing to the parties after issuance of the notice to them and after comparing the old and new Aks and decide the matter afresh vide order dated 4.8.2017.

6. Against the said order a review petition was filed on the ground that the revision was not maintainable against the order passed in First Appeal, but without considering this aspect the learned Board of Revenue dismissed the said review petition. Hence, the present petition.

7. Learned Senior Counsel for the petitioner has vehemently argued that the learned Board of Revenue in utter violation of the provisions of section 50 had allowed the revision, when admittedly the order impugned was in total derogation of section 50 of the M.P. Land Revenue Code, as section 50 provides that the revision would be maintainable only in the case where no appeal lies. It was further argued that provisions of section 50 of the M.P. Land Revenue Code is very clear in this re