BHAGWAN GUJAR Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) THE petitioners have filed this writ seeking to challenge a second appellate order passed by the Additional Commissioner, Indore dated 30.4.2002 (Annexure P -6) in exercise of powers conferred upon him under section 44 of M.P. Land Revenue Code. The facts, in brief, to appreciate the issue involved need to be taken note of, to appreciate the issue : -

(2.) PROCEEDINGS in respect of section 170 -B of the Code were initiated between the petitioner on the one hand and respondent No. 4 to 6 on the other hand in respect of land in question by the concerned Sub -Divisional Officer (SDO). This resulted in an order passed by the SDO in favour of respondent No. 4 & 6 and against the petitioners. The order was passed on 14.2.2001 in Case No. Ol/A -23/99 -2000 (Annexure P -3). This led to filing of an appeal by respondent No. 7 and seven others including petitioner before the Collector, Khargone, being Appeal No. 7/A -23/2000 -2001. This appeal was dismissed by the Collector, Khargone by a cryptic and unreasoned order on 28.5.2001 (Annexure P -4). This very same set of appellants then carried the matter further by filing a second appeal to Commissioner, Indore under section 44 of the Code. It is this appeal which was dismissed by order dated 30.4.2002 (Annexure P -6) being Appeal No. 382/2000 -2001, which has given rise to filing of this writ petition by the present petitioners. Notice of the petition was issued to the contesting respondents. They are served and are represented before this Court.

(3.) HAVING heard the learned counsel for the parties and having perused the record of the case, I am of the considered opinion that this petition deserves to be allowed, resulting in quashing of an order passed by the Collector, Khargone dated 28.5.2001 (Annexure P -4) followed by an order passed by the Commissioner, Indore dated 30.4.2002 (Annexure P -6) referred supra.