INDRA SINGH MAUJILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SHRI Lokendra Gupta, Counsel for the petitioner. Shri N. K. Jain, Counsel for respondents nos. 2, 3 and 4. Shri R. A. Roman, Govt. Advocate for respondents ' nos. 1 and 5. Heard counsel. In this petition the short question is, whether there was proper disposal of the revision contemplated under the M. P. Lok Abhikaranon Ke Madhya Se Bis Sutriya Karyakram Ka Karyanvayan Adhiniyam, 1976 (No. 25 of 1976) (for short, Adhiniyam ). That order dated 21-6-1982 we have perused and in our opinion, for reasons to follow, the order is illegal and without jurisdiction and that has to be quashed.

(2.) RESPONDENTS Nos. 2, 3 and 4, Lalsingh and others had filed the revision in 1979 impugning the orders passed on 5-12-1977 and 18-7-1978 (Annex. G, H) by Sub- Divisional Officer, Morena, in appeal. Those orders were set aside on the short technical ground that the appeals were time-barred. This view was taken considering only two facts. In the impugned order it has been noted that allotment of the land by the Committee Contemplated under the Adhiniyam aforesaid, had taken place on 7-7-1976. while the memo of appeal filed before the appeal committee contemplated in the Adhiniyam showed that the same was filed on 11-7-1977 and was put up to the Collector on 13-7-1977.

(3.) SHRI N. K. Jain, who appears for respondents 2, 3 and 4, has done his best to support the impugned order drawing our attention to Sub-section (2) of Section 7 of the Adhiniyam. The provision cited speaks of filing of appeal within 45 days "from the date of final order of Revenue Inspector's circle level committee. " Section 8 contemplates constitution of appeal committee and Sub-section (2) thereof provides that "the appeal committee shall follow the procedure laid down for the disposal of first appeal in the Acts specified in the Schedule". On referring to the Schedule, we find a reference thereunder to M. P. Land Revenue Code, 1959 (for short 'the Code') and M. P. Ceiling on Agricultural Holdings Act, 1960, besides M. P. Gramo Me Ki Dakhal Rahit Bhumi (Vishesh Upabandh) Adhiniyam, 1970. We have no doubt therefore that we have to refer to the provisions of the Code. Under Section 47 thereof period of limitation for different appeals is provided; and it also contemplated that "limitation under this section shall be. computed from the date of communication of such order. " Section 53 of the Code makes the provisions of Limitation Act applicable to such appeals and by that salutary right is vested in the appellant to invoke Section 5 of the Limitation Act to pray for condonation for delay in filing the appeal.