IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA nd ON THE 2 OF MARCH, 2022 MISC. PETITION No. 827 of 2022 Between:-

DEVILAL S/O JAGANNATH JI , AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURE GRAM JAMALPURA (MADHYA PRADESH)

.....PETITIONER (By Shri Rajpal Singh Bais, Advocate)

AND PAPPULAL S/O SHYAMLAL OCCUPATION: AGRICULTURE GRAM

1.

JAMALPURA (MADHYA PRADESH)

DASHRATH S/O RADHESHYAM OCCUPATION: AGRICULTURE

2. GRAM JAMALPURA TEHSL AND DIST MANDSAUR (MADHYA PRADESH)

MUNNALAL S/O BHAGIRATH OCCUPATION: AGRICULTURE GRAM

3.

JAMALPURA TEHSL AND DIST MANDSAUR (MADHYA PRADESH)

RAGHUNATH S/O BHAGIRATH , AGED ABOUT 71 YEARS, 4. OCCUPATION: AGRICULTURE GRAM JAMALPURA TEHSL AND DIST MANDSAUR (MADHYA PRADESH)

.....RESPONDENTS This Misc. Petition coming on for this day, the court passed the following:

ORDER

The petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by the impugned order dated 21.1.2022 passed by the Upper Collector Mandsaur in revision NO. 18/ Riv./2021-22 whereby petitioner’s revision against the order dated 23.7.2021 passed by Sub Divisional Officer (Revenue) Mandsaur has been dismissed.

The facts in brief are that respondents have filed an application under Section 131 of Madhya Pradesh Land Revenue Code, 1959 (in short MPLRC) by stating that they have right to way over the agricultural land being survey No. 503 possessed by petitioner. After hearing both the parties, Tehsildar has allowed the application vide impugned order dated 16.3.2021 and passed an order to open the way for respondents. Then petitioner challenged the said order dated 16.3.2021 before the Sub Divisional Officer Mandsaor by filing the appeal and the same was allowed by the order dated 23.7.2021 and order passed by the Tehsildar was set aside. Thereafter respondents filed revision petition before the Upper Collector Mandsaur which was allowed by impugned order dated 21.1.2022. Hence this petition has been filed by the petitioner before this Court.

Learned counsel for the petitioner contended that the Upper Collector Mandsaur has committed an error of law in not considering that the jurisdiction of revisional court is very limited and revisional court has no jurisdiction to allow the revision on the basis of facts. The court below has not considered the fact that the respondents did not produce Vazib-Ul-Arja as required under Section 242 of MPLRC. The impugned order even otherwise is a non speaking, illegal, inoperative and without jurisdiction and clearly appears to have been passed in a slipshod manner, therefore, the impugned order dated 21.1.2022 be set aside and order dated 23.7.2021 passed by SDO (Revenue) be affirmed.

Heard learned counsel for the petitioner at length and perused all the relevant documents filed by him.

The respondents have filed an application under Section 131 of MP LRC before the Tehsildar (Rural) Mandsaur . The Tehsildar has passed the order dated 16.3.2021 on the basis of panchanama dated 4.1.2020 which was prepared on the spot in presence of both the parties and as per the panchanama it was held that no sign of way has been found on agricultural land of survey no. 503, therefore, the order of Tehsildar Mandsaur which was based upon spot inspection and statement of witness appears to be just and proper. But the order dated 23.7.2021 passed by Sub Divisional Officer Sub Division Mandsaur was not based upon actual position of spot. The impugned order dated 21.1.2022 passed by Upper Collector Mandsaur is based upon spot inspection and statement of witness available on record. Therefore, by passing the impugned order the Upper Collector has rightly set aside the order passed by Sub Divisional Officer. The order passed by Upper Collector Mandsaur is just and proper and also in accordance with law. Therefore, the Upper Collector has not committed any error while setting aside the order passed by the Sub Divisional Officer (Rural).

In view of the aforesaid facts and circum