NARENDRA Vs. DHANNALAL

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India the petitioner has challenged the order dtd. 11/9/2014 (Annexure P/14) passed by the Board of Revenue whereby the Revision preferred by him has been dismissed as barred by time.

(2.) The record indicates that against an order dtd. 5/1/2013 passed by the Additional Tehsildar, Tehsil Indore and a letter dtd. 3/1/2013 sent to the Revenue Inspector for demarcation, the petitioner preferred a Revision under Sec. 50 of M.P. Land Revenue Code, 1959 before the Board of Revenue. Since the same was barred by time an application under Sec. 5 of the Limitation Act, 1963 was also preferred for condonation of delay in filing the same. The Board of Revenue has held that no sufficient reason has been furnished by the petitioner for condonation of delay and consequently the application has been rejected as a result of which the Revision itself has been dismissed as barred by time.

(3.) It is observed that the revision was preferred with a delay of 49 days. In the application for condonation of delay it was stated by the petitioner that no notice of the proceedings had been issued to him by the Tehsildar or the Revenue Inspector hence he was not aware of the demarcation proceedings. Though he had filed an objection therein on 14/1/2013 but it took time for him to obtain the certified copies of the proceedings and immediately upon receiving them the Revision has been preferred.