TRIVIKRAM PRASAD DWIVEDI Vs. RAMA SHANKER DWIVEDI

JUDGEMENT

(1.) This petition is directed against the order dtd. 5/9/2018 (Annexure P/2), whereby, the appeal preferred by respondent No.1 was allowed by the Additional Commissioner, Rewa and an order passed by the Tehsildar and Sub Divisional Officer was set aside.

(2.) The facts of the case are that the respondent No.1 Rama Shanker filed an application before the Tehsildar, Tehsil Huzur, District Rewa for recording his name in the revenue records in respect of the land bearing Khasra No.246 and 224, area 0.75 acre, situated at village Sagara, Tehsil Huzur, District Rewa. The application of respondent No.1 was rejected by the Tehsildar on 12/1/2009. Against the order passed by the Tehsildar, respondent No.1 preferred an appeal before the Sub Divisional Officer, Rewa which was also dismissed on 29/12/2010 (Annexure P/1). Against the order passed by the Sub Divisional Officer, Rewa, respondent No.1 filed Second Appeal under Sec. 44 of the Madhya Pradesh Land Revenue Code, 1959 (for short "the Code") before the Additional Commissioner, Rewa which has been allowed by the impugned order. Hence, the petitioner is in the present writ petition.

(3.) Learned counsel for the petitioner submits that the order passed by the Additional Commissioner is illegal and improper. The same is contrary to law. Hence, the impugned order deserves to be set aside.