BHANWARLAL Vs. TOOFAN SINGH

JUDGEMENT

(1.) By this petition preferred under Article 227 of the Constitution of India the petitioners have challenged the order dtd. 28/8/2019 passed by the Additional Commissioner, Ujjain Division, Ujjain whereby the order dtd. 29/8/2017 passed by the Sub Divisional Officer, Tehsil and District Shajapur dismissing their appeal as barred by time and the order dtd. 29/8/2017 passed by the Additional Tehsildar, Tappa Maksi, Tehsil and District Shajapur have been set aside.

(2.) The facts in brief are that the petitioners made an application under Sec. 178 of M.P. Land Revenue Code, 1959 (here-in-after referred to as "the Code, 1959") for partition of the lands in dispute before the Additional Tehsildar, Maksi, District Ujjain. The application was allowed by the Additional Tehsildar and the partition as prayed for was permitted and order in that regard was passed in Namantaran Panji No.5 on 15/6/2005.

(3.) Being aggrieved by the order aforesaid the respondents preferred an appeal under Sec. 44 (1) of the Code, 1959 before the Sub Divisional Officer, Shajapur. Since the same was barred by time by about 11 years they filed an application under Sec. 5 of the Limitation Act, 1963 for condonation of delay in filing the appeal. By order dtd. 29/8/2017 the application under Sec. 5 of the Limitation Act was rejected by the Sub Divisional Officer and the appeal itself was also consequently dismissed as barred by time. Being aggrieved by the said order the respondents preferred Second Appeal under Sec. 44 (2) of the Code, 1959 before the Additional Commissioner which has been allowed by him by the impugned order by holding that the partition order passed by the Additional Tehsildar was illegal and had been passed by him by violating the rules as regards partition and various other irregularities were also committed by him.