IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 7^th OF MAY, 2022 WRIT PETITION No. 10479 of 2022 Between:-

1. GEETABAI W/O LATE RAMESHDHANDRA , AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

2. BABULAL S/O BALDEV, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

3. KISHORE S/O RAMESHCHANDRA, AGED ABOUT

35 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

4. SOHANBAI D/O RAMESHCHANDRA, AGED ABOUT 33 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

5. SHYAMUBAI D/O RAMESHCHANDRA , AGED ABOUT 31 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

6. RADHIBAI W/O LATE RAMESHCHANDRA , AGED ABOUT 30 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

7. SEEMABAI D/O RAMESHCHANDRA , AGED ABOUT 28 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL Si S g A n N ature Not Verified SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

Digitally signed by NEERAJ

8. RADHABAI D/O RAMESHCHANDRA , AGED ABOUT 27 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

9. BHAWNA D/O RAMESHCHANDRA, AGED ABOUT 25 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BANGLI TEHSIL SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI YASHPAL RATHORE, ADVOCATE )

AND

1. DALIBAI D/O RADHESHYAM SHARMA W/O GOVIND PRASAD , AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST VILLAGE ASAWATI TEHSIL SHAMGARH, DISTRICT MANDSAUR (MADHYA PRADESH)

2. STATE OF MADHYA PRADESH THROUGH C O L L E C T O R M A N D S A U R , DISTRICT MANDSAUR (MADHYA PRADESH)

3. UPPER COMMISSIONER (REVENUE) UJJAIN DIVISION, UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

4. SUB DIVISIONAL OFFICER (REVENUE), SITAMAU, DISTRICT MANDSAUR. (MADHYA PRADESH)

5. TEHSILDAR, SUWASRA, DISTRICT MANDSAUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRADYUMNA KIBE, GOVT. ADVOCATE)

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

ORDER

1. This petition has been preferred against the order dated 25.04.2022 Signature Not Verified SAN passed by the Additional Commissioner, Ujjain Division, Ujjain whereby Date: 2022.05.10 18:41:36 IST application filed by the petitioners for stay of order dated 14.03.2022 (Annexure P/6) passed by Sub Divisional Officer (Revenue), Sub Division Sitamau, District Mandsaur has been rejected.

2. As per Section 50 of M.P. Land Revenue Code, 1959, a Revision shall lie before the Board of Revenue against an order passed by the Commissioner. The said Revision would be maintainable even against an interlocutory order passed by the Commissioner even in view of Sub Section 3 of Section 50 where two contingencies are provided for. For ready reference Section 50 (3) is as under :-

€œ(3) The Board or the Commissioner or Collector or the District Survey Officer shall not, under this section, vary or reverse any order made or any order deciding an issue, in the course of proceeding, except where-

(a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the proceedings; or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

3. The first condition for preferring a Revision is that if the order if it had been made in favour of the party applying for Revision would have finally disposed off the proceedings. Present case does not fall in that category. However the second condition as mentioned in Clause (b) is that the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. The present case would squarely fall within the said Clause.

4. In view of the above, this petition in view of avai