GEETABAI Vs. DALIBAI

JUDGEMENT

(1.) This petition has been preferred against the order dtd. 25/4/2022 passed by the Additional Commissioner, Ujjain Division, Ujjain whereby application filed by the petitioners for stay of order dtd. 14/3/2022 (Annexure P/6) passed by Sub Divisional Officer (Revenue), Sub Division Sitamau, District Mandsaur has been rejected.

(2.) As per Sec. 50 of M.P. Land Revenue Code, 1959, a Revision shall lie before the Board of Revenue against an order passed by the Commissioner. The said Revision would be maintainable even against an interlocutory order passed by the Commissioner even in view of Sub Sec. 3 of Sec. 50 where two contingencies are provided for. For ready reference Sec. 50 (3) is as under :-

(3.) The first condition for preferring a Revision is that if the order if it had been made in favour of the party applying for Revision would have finally disposed off the proceedings. Present case does not fall in that category. However the second condition as mentioned in Clause (b) is that the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. The present case would squarely fall within the said Clause.