PRISM CEMENT LTD Vs. SAROJ SINGH

JUDGEMENT

(1.) Heard on the question of admission. On behalf of the petitioner this petition is preferred under Art. 226 of the Constitution of India (under the circumstances, the same is being considered under Art. 227) for quashment of the order dated 18.4.2011, (Ann. P-9), passed by the Board of Revenue of the State of M.P, Gwalior in Revision No. 44-42/Ex./08, whereby allowing such revision of the respondent nos. 5 to 8, filed against the respondent nos. 1 to 4, in part by setting aside the order dated 14.11.07 passed by the Upper Commissioner, Rewa Division in Case No. 412/Revision/06-07, the case has been remitted back to the Court of Tahsildar with some directions to decide afresh.

(2.) Counsel for the petitioner after taking me through papers placed on record argued that the impugned order being passed without impleading to the petitioner so also without considering its acquired vested right through registered sale deed dated 19th Sept. 2008, from respondent nos. 5 to 8 in the alleged disputed land, is not sustainable under the law and prayed for admission and allowing this petition.

(3.) As per impugned order of Board of Revenue (Ann. P-9), initially the respondent nos. 5 to 8 herein filed an application under Sec. 178, r/w Sec. 109 and 110 of the M.P. Land Revenue Code, in short "The Code " against the respondent nos. 1 to 4 on dated 6.12.1999 in the Court of Tahsildar for partition of the disputed land between amongst the Co-Bhumiswamis. The same was registered as revenue case no. 17/A-27/99-2000. On consideration, such application was allowed, vide order dated 17.1.2000, (Ann. P-3). On filing the review petition against such order same was dismissed by Tahsildar, vide order dated 23.4.2005, (Ann. P-4). Being aggrieved by such orders the respondent nos. 1 to 4 herein filed the revision bearing no. 94, 92/revision/05-06 in the Court of Upper Collector. On consideration, vide order dated 24.3.07 (Ann. P-5), the same was allowed and by setting aside the order of Tahsildar, the case was remitted back with some directions to decide afresh. Such order of Upper Collector was challenged by respondent nos. 5 to 8, herein by way of revision bearing no. 412/revision/06-07 in the Court of Upper Commissioner, Rewa. On consideration by affirming the order of Collector, such revision was dismissed, vide order dated 14.11.07, (Ann. P-6), on which the respondent nos. 5 to 8 went to the Board of Revenue. On consideration such revision was allowed by the impugned order, (Ann. P-9) and all aforesaid orders of subordinate revenue authorities were set aside and the case has been remitted back to the Court of Tahsildar with directions to decide afresh after impleading the other co-bhumiswamis who were not impleaded earlier, in the matter and considering the alleged Will dated 2.9.2001 and 15.10.2001, after holding appropriate enquiry in respect of the same.