STATE OF M P Vs. KAMAL SINGH

JUDGEMENT

(1.) IN this case the lower Court dismissed the suit filed by the respondent No.1 by assailing the order of Tehsildar dated 29.9.68, whereby in suo moto revision the patta granted to the respondent was cancelled. The first appellate Court has reversed the aforesaid findings relying upon the judgment of Hon'ble Supreme Court delivered in the case of State of Gujrat vs. Patel Raghavnath & anr. AIR 1969 S.C.1297 as well as Ravinarayan vs. State of M.P. and anr. 2000 Rajasva Nirnaya 16. Paragraphs 19 and 20 of the appellate Court judgment are reproduced here as under: -

(2.) AS per the appellant, the proceeding to recall the patta started in the year 1978 -79 which itself shows that the proceeding started after five years and that was not within time. Even otherwise, the action taken by S.D.O. suo moto as in the revision is contrary to a judgment of this Court delivered in the case of Ranveer Singh and others vs. State of M.P. reported in 2010 (5) M.P.H.T. 137 (FB). According to the appellant, 180 days would start from the date of knowledge but there is nothing on record as to when the S.D.O came to know about the impugned order.

(3.) NO substantial question of law is involved for consideration in the appeal. Hence, the appeal is hereby dismissed with no order as to the cost.