LAKHAN SINGH Vs. LUVKUSH & ANOTHER

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed assailing the order passed by the Board of Revenue, Gwalior in revision case No. 1141/PBR/2001 and 1142/PBR/2001 dated 10.05.2005 vide which the revision filed by the respondents has been allowed by learned Board of Revenue and the order passed by the Commissioner, Gwalior Division, Gwalior on 17.04.2001 in revision case No. 134/1999- 2000/revision has been set aside.

(2.) Without adverting to the merits of the case learned counsel for the petitioner has raised a legal issue as to the maintainability of second revision under the Provisions of Revenue Book Circular before the Board of Revenue.

(3.) Learned counsel for the respondents has opposed this issue and has submitted that such issue since is not mentioned in the petition cannot be raised before this Court for the first time.