BHURALAL Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 227 of the Constitution of India, against the order dtd. 16/8/2022 passed by the Additional Collector,Indore whereby the petitioner's Revision No.4/2022-23 has been rejected only on the ground that against the impugned order dtd. 30/3/2022 passed by the Sub-Divisional Officer (Revenue), Depalpur, Indore which is final in nature, can be challenged only in an appeal by way of Sec. 50(2)(a) of the Land Revenue Code., which provides that a revision is not maintainable against an appealable order.

(2.) Learned counsel appearing for the petitioner has submitted that the impugned order before the Additional Collector was final in nature against which the only remedy available to the petitioner is by way of revision under Sec. 50(2)(a) of the Land Revenue Code. Counsel has submitted that against the aforesaid order dtd. 30/3/2022 an appeal would be barred under Sec. 46 (b) of the Land Revenue Code as the order has been passed under Sec. 248 of the Land Acquisition Act. Thus, it is submitted that the impugned be set aside and the matter may be remanded back to the Additional Collector to decide the same on its own merits.

(3.) Learned counsel appearing for the State has not opposed the aforesaid legal preposition.