BRIJMOHAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 08/03/2017 (Annexure-P/1) passed by Board of Revenue, Gwalior.

(2.) Short facts of the case are that the land in dispute is bearing survey No.206 of area 1.360 hectare situated at Village-Nainod, Tehsil and District-Indore. It is an admitted position that the aforesaid agricultural land belonged to one Shobharam S/o Kishan, who was survived by his 9 sons and 8 daughters. It is also an admitted position that subsequent to his death name of only two sons i.e. respondent No.2 and respondent No.10 got mutated over the disputed land vide order dated 07/07/1981 behind the back and without notice to other legal heirs. As and when legal heirs of Shobharam became aware of the aforesaid, they approached Additional Collector, Indore, thereafter, the Additional Collector in exercise of powers under Section 50 of M.P. Land Revenue Code after giving due opportunity of hearing to all the parties set-aside the earlier order of mutation dated 07/07/1981 vide its order dated 02/08/2008 and remanded the matter back to be decided afresh to the Tehsildar. Thereafter various proceedings were initiated by the parties in the matter. Being aggrieved by the order dated 02/08/2008, the petitioners preferred the present petition.

(3.) Learned senior counsel for the petitioners submits that learned Board of Revenue should not have to set- aside the order of remand dated 02/08/2008 passed by the Collector, which attained finality and was never under challenge. It is submitted that order of remand dated 02/08/2008 was accepted and acted upon by all the parties and none of the parties assailed the said order. All the parties in compliance of the order of remand dated 02/08/2008 participated in the fresh proceedings before the Tehsildar and Tehsildar recommenced the matter and after giving due opportunity of hearing and leading evidence passed the order dated 29/01/2009. It is also submitted that subject matter of lis before the learned Board of Revenue was not the order of remand dated 02/08/2008 but were the subsequent orders passed in compliance of the order dated 02/08/2008, therefore, the Board of Revenue has exceeded its jurisdiction by setting- aside the order dated 02/08/2008, which was never under challenge before it.