DARYAVSINGH Vs. BEENU

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioner under Article 227 of the Constitution of India, against the order dtd. 24/1/2024, passed in Case No.6162/2018, by the Board of Revenue, whereby, the petitioner's application filed under Sec. 35(2) of the M.P. Land Revenue Code, 1959 (hereinafter referred to as the 'Code of 1959") has been rejected, holding the same to be not maintainable.

(3.) In brief, the facts of the case are that a revision No.4230 PBR/2014 was filed by Dariyav Singh (now dead) , under Sec. 50(1) of the Code of 1959, in which, the respondents were already served, and in the aforesaid proceedings, as the petitioner Dariyav Singh died on 10/9/2018, and the respondent no.3 Geetabai also died on 22/7/2017, their legal representatives were to be brought on record, however, on 16/10/2018, when the matter was fixed before the Board of Revenue, counsel for the petitioner could not mark his appearance before the lunch hours, and thus, the case was dismissed as abated, as the Board of Revenue was already informed that the petitioner Dariyav Singh has died and his LRs were to be brought on record. Immediately on the next day i.e., on 17/10/2018, an application under Sec. 35(3) of the Code of 1959 was filed by the counsel for the petitioner. The aforesaid application has been rejected by the Board of Revenue vide the impugned order dtd. 24/1/2024 i.e., after a period of around five years, holding that against an order of abatement, the application under Sec. 35(2) of the Code of 1959 was not maintainable, and the petitioner ought to have filed an application under Sec. 51 of the Code, which provides for review of the order.