KISHORI Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Article 226/227 of the Constitution is directed against the order passed by Board of Revenue in revision No.1052/PBR/01 dtd. 3/1/2007, whereunder the order dtd. 16/4/2001 passed by the Additional Commissioner, Gwalior Division, Gwalior in revision No.130/97-98/revision preferred by the present respondent No.5 was challenged and while allowing the revision, the order of Additional Commissioner was allowed, was affirmed.

(2.) Further challenge is made to the order dtd. 16/4/2001, whereby the revision preferred against the order dtd. 20/7/1998 passed in appeal No.88/97-98 by Sub Divisional Officer, whereby the appeal was dismissed on the ground of limitation, was reversed and the revision was allowed without condoning the delay in filing the appeal before the Sub Divisional Officer.

(3.) Learned counsel for the petitioner had argued before this Court that vide order dtd. 30/6/1997 Tehsildar while invoking the provisions under Sec. 3 of Madhya Pradesh Krishi Prayojano Ke Liye Upyog Ki Ja Rahi Dakhal Rahit Bhumi Par Bhumiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upbandh) Adhiniyam, 1984 (in short 'Adhiniyam, 1984') had conferred upon the petitioner the Bhumiswami rights of land bearing survey No.836/1 admeasuring 2.23 hectare situated at village Tiwari Ka Pura, Karera, Shivpuri, which was challenged by present respondent No.6, for which he had no locus to challenge the order of settlement in favour of present petitioners after delay of one month, which was dismissed on the ground of limitation but later on, when challenged before the Additional Commissioner, the learned Additional Commissioner without condoning the delay in preferring the appeal before the Sub Divisional Officer had straightaway gone into the merits of the matter and had allowed the revision, which was per se illegal.