DEEPAK KARLEKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(3.) The grievance of the petitioner is that he is having a dispute with his brother respondent No.4 Chandra Shekhar in respect of the property situated at Village Sundersi, Tehsil Polaykalan, District Shajapur and his brother without informing him has got the land mutated in his name in the year 2011, and after coming to know about such mutation in the year 2018 only, the petitioner filed an appeal before SDO under Sec. 44 of M.P. Land Revenue Code, 1959 (in short "the Code of 1959") read with Sec. 91 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (in short "the Adhiniyam of 1993") along with an application for condonation of delay of 7 years. The aforesaid appeal was dismissed by the SDO on the ground of limitation without issuing notice to the respondents and the second appeal preferred before the Commissioner under Sec. 44 of the Code of 1959 read with Sec. 91 of the Adhiniyam of 1993 has also been dismissed holding that as per the amended Land Revenue Code, the order rejecting the application for condonation of delay is not an appealable order.