PHOOL SINGH Vs. COLLECTOR VIDISHA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is directed against three orders, one passed by the Collector of Vidisha on 16th April 1962 in an appeal filed by Baldwansingh, Kamoda and Kunja (respondents 4, 5 and 6) whereby he set aside an earlier order of the Tahsildar correcting an entry in annual papers, another passed by the Commissioner of Bhopal Division on 31 July 1963 in the petitioner's second appeal by which the case was remanded to the Tahsildar for passing a fresh order after further enquiry and the third passed.by the Board of Revenue on 29 April 1964 dismissing the petitioner's revision against the aforesaid order of remand.

(2.) IN Miscellaneous Petitions Nos. 574 and 575 of 1964, both of which have been filed by Mst. INddradevi Sharma, similar orders passed on the same dates have been called in question. There too the first appeals were filed by Baldwansingh, Kamoda and Kunja. This order shall dispose of the other two Miscellaneous Petitions also.

(3.) IT is, however, argued that it was open to the Collector, acting suo motu, to direct under section 50 of the Act correction of any wrong or incorrect entry which had been made in the annual village papers by his subordinate officers. The short answer to this contention is that the two appellate authorities did not act under that section, though we say nothing on the question whether the entries made in pursuance of orders like those passed by the Tahsildar in these cases could be corrected under that section.