AYODAYA BAI Vs. LAXMI NARAYAN

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 6/9/2022 passed by the Additional Collector, (Biora) District Rajgarh in a Revision No.61/Nigrani/22-23, arising out of order dtd. 16/8/2022, passed by the Sub Divisional Officer in case no.56/Appeal/21-20.

(2.) In brief facts of the case are that the petitioners claim themselves to be the owners of the land situated at survey No.956/1/1 and 957/1/1. The dispute arose between the parties in respect of the same land, the respondents no.1 and 2 got their names mutated in the revenue record vide dtd. 30/3/2019 passed by the Tahsildar.

(3.) According to the petitioners, they were not aware of such mutation, and subsequently, when they came to know about the same, an appeal was preferred by them before the SDO along with an application for stay as well as for condonation of delay under Sec. 5 of the Limitation Act, 1963(hereinafter to be referred to as "Act of 1963').The SDO has allowed the application filed under Sec. 5, and has condoned the delay of around three years vide order dtd. 16/8/2022, which was challenged by the respondents before the Additional Collector, Rajgarh, who, vide its order dtd. 6/9/2022, while holding that the order allowing the application for condonation of delay was erroneous and has rejected the same by setting aside the order, as a consequence, has also dismissed the appeal preferred by the petitioners before the SDO.