MOHAN SINGH Vs. MOTILAL

JUDGEMENT

(1.) The present petition, under Article 226/227 of the Constitution of India, has been directed against order dtd. 17/11/2021 passed in Case No.0023/Revision/2020-21 whereby the Additional Collector, District Shivpuri while allowing the said revision filed by the respondent had set aside order dtd. 7/9/2017 passed by SDO, Karera in which order dtd. 6/9/1997 passed by the Tahsildar, Karera granting patta of land bearing Survey No.1625, ad-measuring 0.90 hectares situated at Village Salaiya in favour of respondent under the provisions of the Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Act, 1984 (for short "Act of 1984"), was set aside.

(2.) Short facts of the case are that the respondent applied for grant of patta of land bearing Survey No.1625, ad-measuring 0.90 hectare situated at Village Salaiya before the Tahsildar Karera under the provisions of the Adhiniyam of 1984 and Tahsildar vide its order dtd. 6/9/1997, granted patta of the aforesaid land in favour of respondent. Against the said order, the original appellant Page Singh Thakur after came to know of the aforesaid patta in the year 1997, filed an appeal alongwith an application under Sec. 5 of the Limitation Act before the SDO.

(3.) The SDO after hearing the parties vide order dtd. 7/9/2017 has held that the order dtd. 6/9/1997 is passed against the material available on record and the respondent was not eligible for grant of patta as per the provisions of Adhininyam 1984 and thus, set aside order dtd. 6/9/1997. Against order dtd. 7/9/2017, the respondent preferred a second appeal before the Additional Commissioner, Gwalior Division, Gwalior but vide its order dtd. 27/12/2019 the Additional Commissioner dismissed the appeal holding it to be not maintainable. Thereafter, the respondent preferred a revision before the Additional Collector, District Shivpuri alongwith an application under Sec. 5 of the Limitation Act against the present petitioners, as during pendency of the appeal before SDO, Karera District Shivpuri, the original patta holder had expired and the petitioners being his legal representatives were substituted on the record.