VIRENDRA KUMAR Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution assails the order of Tahsildar dated 12.12.2005, which is affirmed by the Collector on 27.1.2009, by Additional Commissioner on 3.7.2010 and by Board of Revenue on 9.10.2012.

(2.) THE respondents No.1 and 2 are legal representatives of the person, who had originally preferred the application under Section 110 of M.P.Land Revenue Code (for short, the "Code"). In this application, the proceedings were started. The Tahsildar passed the order against the present petitioner. It was unsuccessfully challenged before the Sub - Divisional Officer and Collector. Subsequently, by Additional Commissioner's order dated 1.2.2003 the revision of the present petitioner was entertained and matter was remitted back to the Tahsildar for giving opportunity to the petitioner/revisionist to file written statement and lead evidence. Thus, the proceedings were again started before the Tahsildar. Before the Tahsildar, the petitioner filed his objections, Annexure P/3 dated 31.7.2003 and Annexure P/4 dated 15.9.2005. The Tahsildar decided these objections by impugned order dated 12.12.2005. By taking this Court on various provisions of the Code including Sections 110 and 116, Shri Sanjay K. Mishra submits that the Tahsildar has erred in rejecting the objections. On similar grounds he assailed the orders of superior authorities affirming the order of Tahsildar.

(3.) PER Contra, Shri S.K.Jain, learned counsel for the respondents supported the order of Tahsildar.