MOHAN BAGDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been preferred by the petitioner being aggrieved by an order dtd. 28/10/2025 (Annexure P/1) passed by the Sub Divisional Officer (Revenue), Khilchipur, District Rajgarh whereby the appeal preferred by respondent No.4 against the order dtd. 17/4/2025 passed by the Tehsildar, Khilchipur has been allowed.

(2.) The order was passed by the Tehsildar in respect of Sub Division in the revenue map. Though no provision has been mentioned in the impugned orders but Sub Division in a revenue map would be referable to Sec. 107 of M.P. Land Revenue Code, 1959. Though it has been contended by the learned counsel for the petitioner that the order has not been passed under any provision of the Code but under Sec. 32 thereof in exercise of inherent power but in my opinion the same is not so. The order was passed under Sec. 107 of the Code and in any case is an original order passed thereunder.

(3.) Though it has been contended that respondent No.5 had no right to prefer an appeal since he was not a party before the Tehsildar but it is observed that before the Tehsildar respondent No.5 had filed an objection which had been rejected. Thus he was very much a party to the proceedings and cannot be said to be a total stranger. If appeal has been preferred by him which has been decided it cannot be said that the appellate order is without jurisdiction having been passed without granting any leave to prefer appeal.