SHAFEEQ AHMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is preferred under Article 226 of the Constitution by the petitioner being crestfallen by the order dtd. 5/1/2023 (Annexure P-1) passed by Collector District Guna whereby revision preferred by the petitioner against the order dtd. 18/4/2022 passed by SDO Guna whereby application under Sec. 5 of Limitation Act was not considered by the Collector Guna and dismissed as not maintainable.

(2.) It is the submission of counsel for the petitioner that meandering through different litigations when petitioner filed an appeal under Sec. 44 of Madhya Pradesh Land Revenue Code 1959 (hereinafter referred as "Code 1959") alongwith an application under Sec. 5 of Limitation Act then SDO rejected the application for condonation of delay and therefore, petitioner had the occasion to file revision under Sec. 50(1)(c) of Code, 1959 but same was rejected by the Collector Guna as not maintainable.

(3.) It is the submission of counsel for the petitioner that under Sec. 46 of the Code 1959 against the rejection of application for limitation, only remedy provided is revision and not appeal. Therefore, he rightly preferred the revision but same has been rejected. The impugned order is illegal.