LAWS(MPH)-2025-3-42

BANE SINGH Vs. LAL JI

Decided On March 06, 2025
BANE SINGH Appellant
V/S
Lal Ji Respondents

JUDGEMENT

(1.) Heard finally.

(2.) This petition has been filed by the petitioners under Article 226 of the Constitution of India, assailing the order dtd. 29/1/2025, passed by the Additional Commissioner, Bhopal, whereby, on an application filed by the LRs of the respondent No.1 under Sec. 52 (1) of the M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code of 1959'), the operation of the order dtd. 23/1/2025 passed the Additional Commissioner himself has been stayed.

(3.) Counsel for the petitioners has submitted that the aforesaid order is without jurisdiction, as the Additional Commissioner, who had decided the second appeal vide order dtd. 23/1/2025, could not have stayed his own order under Sec. 52(1) of the Code of 1959, as the aforesaid sec. only provides for the stay of the order passed by the Revenue Authority, if an appeal or revision is to be preferred against the said order.