PRADEEP KUMAR LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of Constitution of India challenging order dtd. 25/09/2024 contained in Annexure P-6 passed by Additional Commissioner, Sagar, Division Sagar under M.P. Land Revenue Code, 1959 in Appeal No.752/2021-21.

(2.) Government Advocate appearing for State submitted that question of maintainability of Miscellaneous Petition against an order passed by revenue court was raised by High Court, Registry on basis of judgment dated 03. 07.2024 passed in R.P. No.869/2021 (Babulal and Others Vs. Rajveer Singh & Others). To overcome objection's advocates filed application for conversion of miscellaneous petition in to writ petition and latter on writ petitioners under Article 226 of the Constitution of India is being filed to challenge orders passed under M.P. Land Revenue Code, 1959. Coordinate Bench of this Court in Miscellaneous Petition No.4838/2024 vide its order dtd. 13/09/2024 had referred the matter to larger Bench framing following questions :-

(3.) It is submitted by Government Advocate appearing for State that since issue whether petition under Article 226 or under Article 227 of Constitution of India will be maintainable against an order passed under M.P. Land Revenue Code, 1959 before Larger Bench, therefore, hearing of case be deferred.