MUNICIPAL COUNCIL NAGDA Vs. GRASIM INDUSTRIES LIMITED

JUDGEMENT

(1.) THE decision rendered in this petition shall also govern disposal of other connected writ petitions being W. P. Nos. 9549, 9550, 9551, 9552, 9553, 9555, 9556, 9557, 9558, 9559, 9560, 9561, 9562 and 9564 of 2003, as in all these writ petitions, common question is involved and they arise out of a common order.

(2.) BY filing this writ under Article 227 of the Constitution of India, the petitioner seeks to challenge the revisionary order, dated 25-06-2003 (Annexure P-8), passed by Additional District Judge, Khachrod in Civil Revision No. 9 of 2000.

(3.) INFACT, in all these bunch of petitions, one common question is involved viz. , whether appeal filed by the respondent under Section 139 of the M. P. Municipalities Act against the resolution, dated 15-09-1998, passed by petitioner before the Civil Judge, is maintainable? If the view of the learned Civil Judge is that appeal in question is not maintainable, the view of the Revisionary Court (ADJ) is to its contrary i. e. maintainable. It is against this revisionary order, the petitioner (who is respondent in appeal) has come up in writ under Article 227 of the Constitution of India because in view of recent amendment made in Section 115 of C. P. Code w. e. f. 1-7-2002, the right to file the revision under Section 115 ibid is drastically curtailed.