NISHA BAI DINESH KUMAR Vs. STATE OF MP

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the constitution of India, the petitioner is challenging the pregnability of the impugned order Annexure P/1 dated 31-5-2005 passed by Collector district Guna whereby the order dated 27-11-1993 passed by Tahsildar, Guna allotting the land under M. P. Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh)Adhiniyam, 1984 (hereinafter referred to as 'the Adhiniyam') has been set aside while exercising suo motu powers conferred to it under section 50 of M. P. Land revenue Code.

(2.) THE contention of learned counsel for petitioner is that the order of tehsildar was passed on 27-11-1993 and after near about four years the collector, Guna took the matter while exercising suo motu powers of revision which was not permissible under the law. According to learned counsel the suo motu exercise of powers of revision at the most could have been taken within a period of one year. In support of his contention learned counsel for petitioner has placed reliance on certain decisions of Supreme Court as well as of this Court.

(3.) COMBATING the aforesaid submission, Mrs. Ami Prabal, learned Dy. A. G. argued in support of the impugned order and has submitted that the order has been rightly passed.