ARUN MOHAN Vs. GEETA PATEL

JUDGEMENT

(1.) HEARD . 1. This petition under Article 226/227 of the Constitution of India is directed against order dated 6.7.2004 passed by Administrative member, Board of Revenue, Gwalior in Revenue Case No. 832-1/2004; whereby, while allowing the revision filed by respondent No. 1, Board of Revenue, set aside the order dated 26.9.2001 passed by Tahsildar, Bhopal in Case No. 37/A-3/-3/91 -92, which was a proceeding for mutation.

(2.) THE crucial question, which crops up for consideration is as to whether a person who was not a party in a mutation proceeding could invoke revisional power of Board of Revenue under Section 50 of Madhya Pradesh Land Revenue Code, 1959 (hereafter shall be referred to as Code 1959), more particularly, when the order is appealable under Section 44 of Code 1959. Sub-section (1) of Section 50 stipulates: 50. Revision.- (1) The Board or the Commissioner or the Settlement Commissioner or the Collector or the Settlement Officer may at any time on its/his motion or on the application made by any party for the purpose of satisfying itself/himself as to legality or propriety of any order passed by or as to the regularity of the proceedings of any Revenue Officer subordinate to it/him call for, and examine the record of any case pending before, or disposed of by such officer, and may pass such order in reference thereto as it/he thinks fit: Provided that-

(3.) AGAINST said order Dr. Kaushal Mishra, who was non-applicant No. 8, preferred appeal before the Sub Divisional Officer under Section 44 of Code, 1959.