BRAHMANAND Vs. KAILASH NARAYAN

JUDGEMENT

(1.) BY this writ petition under Article 227 of the Constitution of India challenge is made to the order dated 26/06/2014 (Annexure P/1) passed by the Board of Revenue dismissing the revision petition filed by the petitioners under Section 50 of the M.P. Land Revenue Code, 1959.

(2.) LEARNED counsel for the petitioner contends that though the Board of Revenue on the first date of hearing had taken up the revision petition to ascertain as regards its maintainability, however the same has been dismissed on the ground of limitation. It is submitted that such queer course of action adopted by the Board of Revenue is patently illegal, for the reason that if revision petition was found to be barred by time, opportunity should have been afforded to the petitioner to file an appropriate application seeking condonation of delay, that have not been done.

(3.) THE Board of Revenue in fact, and in effect, has refused to exercise its jurisdiction. Accordingly, it is prayed that the impugned order be set aside with direction to the Board of Revenue to permit the petitioner to file an appropriate application under Section 5 of the Limitation Act seeking condonation of delay and after deciding the said application, if delay is condoned, Board of revenue be ordered to proceed to decide revision petition on merits.