GULAB SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioners under Article 226 of the Constitution of India assailing the order passed by the Additional Collector, District Indore dismissing the revision preferred by the petitioners under Sec. 50 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as the "Code") being aggrieved by the order passed on 03/11/2022 by the Sub Divisional Officer. The order dtd. 03/11/2022 was passed in an appeal preferred against the order dtd. 13/09/2021 arising out of an application filed under Sec. 131 of the Code, which provides for rights of way and other private easements. The revision has been rejected by the Additional Collector only on the ground of its maintainability, as it is held that since the order impugned is appealable, the same is barred under Sec. 50(2)(a) of the Code.

(2.) Counsel for the petitioners has submitted that the Additional Collector has lost sight of the fact that the original order was passed on an application filed under Sec. 131 of the Code and as per Sec. 46(b), no second appeal lies from an order passed in first appeal against an order passed under the provisions of sub Sec. (1) of Sec. s 131, 134, 173, 234, 239, 240, 241, 242, 244 and 248. Thus, it is submitted that the impugned order is liable to be quashed only on this ground as the revision filed by the petitioners was maintainable.

(3.) Learned counsel for the State has not opposed the aforesaid legal aspect of the matter.