JAGDISH PRASAD AGARWAL Vs. JAIPRAKASH AGARWAL

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, is directed against the the order Annexure P -1 dated 20.11.2012 passed by Board of Revenue whereby revision of the petitioner against Additional Commissioner's order dated 2.6.2012 is rejected.

(2.) THE petitioner preferred an application under Section 29(2) of the Madhya Pradesh Land Revenue Code, 1959 (for brevity MPLRC) before the Additional Commissioner, Bhopal Division (Camp Vidisha) on 31.3.2012 (Annexure P -5). In this application it was prayed that the Revenue Case No. 25/A -27/11 -12 be transferred. On this application, the order Annexure P -2 was passed by the Additional Commissioner whereby the petitioner's case was transferred to the Court of Tehsildar, Vidisha.

(3.) SHRI K.S.Tomar, learned Senior counsel submits that the last portion of paragraph 4 of application Annexure P -5 makes it clear that petitioner's request was to transfer the case beyond district Vidisha and, therefore, by no stretch of imagination, it can be presumed that petitioner had given consent for transferring the matter within the same district of Vidisha. In addition, it is contended that order of Writ Court passed on 16.1.2013 cannot be treated as set aside qua other respondents except respondent No.2, who preferred the writ appeal.