R R ROY Vs. D NANDI

JUDGEMENT

(1.) Heard. By this petition under Art. 227 of the Constitution of India, the petitioner has questioned correctness, legality and validity of the order dated 12-9-2013 passed by the Commissioner in Revision, by which, interim order has been passed staying the effect and operation of the order dated 4-9-2013 passed by the Collector in revision.

(2.) The seminal issue of importance raised in this petition is whether revision at the instance of respondent is maintainable before the Commissioner against an order passed in revision by the Collector, the revision before the Collector being at the instance of the petitioner. The relevant factual matrix necessary for determination of the aforesaid issue are in narrow encompass and stated infra.

(3.) The petitioner herein moved an application for demarcation of a land before the Tehsildar, Bilaspur. The Tehsildar, however, rejected the application for demarcation. Aggrieved by the order passed by the Tehsildar, the petitioner preferred a revision before the Collector/Addl. Collector. Vide order dated 4-9-2013 (Annexure P-4), the Collector allowed the revision and remanded the matter to the Tehsildar for carrying out demarcation proceedings. Aggrieved by this order of the Collector, respondent preferred revision under Section 50 of the C.G. Land Revenue Code, 1959 (hereinafter referred to as "the Code") before the Commissioner, Bilaspur Division. In the revision, the Commissioner has passed an interim order on 12-9-2013 in favour of respondent, staying the effect and operation of the order dated 4-9-2013 passed by the Collector, giving rise to this petition.