IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 14 OF NOVEMBER, 2025 MISC. PETITION No. 6312 of 2025 SHESHRAO Versus MADHORAO AND OTHERS Appearance:

Shri Surdeep Khampariya - Advocate for the petitioner.

ORDER The present petition has been filed challenging the order Annexure P/6, dated 20.08.2025 whereby in a review, the Tahsildar has modified his earlier order Annexure P/3, which was dated 29.11.2024.

2. It is the case of petitioner is that the petitioner had filed an application before the Tahsildar under Section 131 MPLRC, which relates to the right of way in private easement by asserting his right of access to the private land of respondents. The Tahsildar had upheld the right of the petitioner to get access to his agricultural land and directed the private land of respondents to be used as way for the petitioner to have access to their land.

3. It is contended by the learned counsel for the petitioner that this well reasoned order Annexure P/3 has been reversed in review without assigning any cogent reason and without the respondents filing any appeal or revision or review against that order Annexure P/3 and the Tahsildar has gravely erred in not following the procedure laid down by law and going beyond his jurisdiction in reversing his earlier well-reasoned order Annexure P/3.

4. Upon hearing counsel for the petitioner and on perusal of the record, it is seen that earlier vide order Annexure P/3 passed under Section 131 MPLRC, the Tahsildar had held that the respondents are having some land on which the petitioners are having right of access to their agricultural land. Though the assertion was denied by the respondents But the Tahsildar acting on the Patwari report had passed an order directing access to the petitioner from the land of respondents.

5. It appears that the respondents approached the Collector and the Collector upon such an approach being made by the respondents in a public hearing i.e. in Jan Sunwai, directed the Tahsildar to take up the matter in review and the Sub-Divisional Officer vide his order sheet dated 17-03-2025 permitted the Tahsildar to review his earlier order.

6. As per Section 51 of MPLRC, review of orders can be made by the revenue officer upon sanction of his superior officer. Section 51 of MPLRC is as under:-

"51. Review of orders.— (1) The Board and every Revenue Officer may, either on its/his own motion or on the application of any party interested review any order passed by itself/himself or by any of its/his predecessors in office and pass such order in reference thereto as it/he thinks fit:

Provided that —

• if the Commissioner, Settlement Commissioner, Collector or Settlement Officer thinks it necessary to review any order which he has not himself passed, he shall first obtain the sanction of the Board, and if an officer subordinate to a Collector or Settlement Officer proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction in writing of the authority to whom he is immediately subordinate;]

(i-a) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(ii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending be reviewed;

(iii) no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings, and no application for the review of such order shall be entertained unless it is made within 3[sixty days] from the passing of the order :

Provided that where the order, against which the application for review is being presented, made before the coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2011, in such case review shall be entertained within ninety days from the date of order.]

(2) No order shall be reviewed except on