RAJENDRA PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the petitioner is challenging the validity of the impugned order dated 26.08.2003 (Annexure P-1) passed by the learned Additional Commissioner, Sagar, Division Sagar in suo-motu Revision No. 46-A/19 of 1994-95. The following facts are unfolded:-

(2.) On the other hand, Shri Sanjay Dwivedi, learned Govt. Advocate argued in support of the impugned judgment and submitted that the Full Bench decision of this Court in Ranveer Singh is not applicable in the present case because that decision pertains to the scope of Section 50 of the M.P. Land Revenue Code, 1959 (for short the Code). However, the present case pertains to Chapter 4-3 para 3(5) of the R.B.C., hence, the said Full Bench decision is not applicable.

(3.) It has been then propounded by him that even if the Full Bench decision can be said to be applicable in this case the outer limit for exercising suo-motu revisional power would commence from 05.05.1992, therefore, it cannot be said that the jurisdiction of suo-motu revisional power conferred in R.B.C. Chapter 4 Part 3 Clause 30(Kha) which has been exercised by the Additional Commissioner can be said in any manner to be illegal exercise of jurisdiction. Thus, on this ground, it is prayed that this petition be dismissed.