DOOMABAI Vs. SUNITA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 28.12.2019 passed by the Additional Commissioner, Gwalior Division, Gwalior in Case No.312/2019- 20/Appeal by which the appeal filed by the respondents No.1 to 3 against the order dated 03.07.2019 passed by the Additional Collector, District Datia in Case No.70/2017-18/Appeal has been allowed. As a consequence thereof application filed by the petitioner under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ko Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (In short the Act, 1976), has been dismissed.

(2.) It is submitted by the counsel for the petitioners that their predecessor Karodi had filed an application under Section 5 of the Act, 1976. The said application was allowed by Sub-Divisional Officer, Datia by order dated 01.07.2014 passed in Case No. 55/ ch-121/2013- 14. Being aggrieved by the said order, the respondents no.1 to 3 filed a writ petition before this Court which was registered as W.P.No.5046/2014 and was allowed by order dated 10.04.2017 by holding that the order dated 01.07.2014 was passed by the Sub- Divisional Officer, Datia without service of notice on the respondents No.1 to 3 and accordingly the matter was remanded back. Thereafter, by order dated 29.11.2017 the Sub-Divisional Officer, Datia in Case No. 55/ch-121/2013-14 once again allowed the application of the predecessor of the petitioner and directed for restoration of the land under Section 7 of the Act, 1976.

(3.) Being aggrieved by the said order passed by the S.D.O., the respondents No.1 to 3 filed an appeal before the Court of the Collector, Datia which was registered as Case No.19/Appeal/2017-18 and by order dated 03.07.2019 the appeal filed by the respondents No.1 to 3 was dismissed. A second appeal was filed by the respondents No.1 to 3 before the Court of the Additional Commissioner, Gwalior Division, Gwalior which was registered as Case No.312/2019-20/Appeal. A specific objection was raised by the petitioners with regard to maintainability of the appeal. It was submitted that the order passed by the Appellate Authority i.e. Collector is final and cannot be challenged either by way of revision or appeal. However, without considering the said objection, the Additional Commissioner, Gwalior Division, Gwalior, by the impugned order dated 23.12.2019, has allowed the appeal and has rejected the application filed by the predecessor of the petitioners under Section 5 of the Act, 1976. The primary ground for challenge is that the impugned order passed by the Additional Commissioner, Gwalior Division, Gwalior is without jurisdiction.