RAM HARSH Vs. BIHARILAL PATEL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order passed by the Board of Revenue in a Revision filed by the petitioners, affirming the order passed by the Additional Commissioner, Rewa in an appeal of the respondents. The petitioners got their names mutated in respect of the land in dispute in the revenue records. The respondents when came to know about such fact, filed an application before the Sub Divisional Officer, Mauganj, District Rewa for correction in the said entries. The objection was raised by the petitioners about maintainability of such application before the said authority on the ground that the application was not to be made under the provisions of Section 113 of the M.P. Land Revenue Code 1959, (hereinafter referred to as "Code") as there was no clerical error pointed out in the said entry yet such an application was allowed by the Sub Divisional officer.

(2.) THE petitioners preferred an appeal before the Additional Collector, Rewa, who passed an order on 7.5.2007 and set aside the order passed by the Sub Divisional Officer. Against this order, the respondents preferred an appeal before the Additional Commissioner and said appeal was allowed, therefore the revision was filed by the petitioners before the Board of Revenue, which has been dismissed, hence this writ petition.

(3.) PER contra, it is contended by the learned counsel for the respondents that Additional Collector had not looked into the facts of the case in appropriate manner. The names of the respondents were recorded in the disputed land for a long period and the revenue entries in that respect remained continue. In fact the land was ancestral land of the respondents. However, by mischief, the Patwari of the circle has made change in the revenue records without notice to the respondents, therefore, such a change was brought to the notice of the Sub Divisional Officer by making an appropriate application for correction of the revenue entries. The said application was rightly considered by the Sub Divisional Officer and in exercise of inherent powers given under the Code, the justice was done to the respondents. This order was not required to be interfered by the Additional Collector in appeal However, erroneously the appeal filed by the petitioners was allowed by the Additional Collector, therefore, the respondents were required to approach the Additional Commissioner. The order passed by the Additional Commissioner indicates that power was rightly exercised by the Sub Divisional officer and, therefore, the order passed by the first appellate authority was rightly set aside. This being the situation, the order passed by the Board of Revenue is just and proper and need no interference in this writ petition under Article 227 of the Constitution of India.