BABULAL AND OTHERS Vs. RAJVEER SINGH AND OTHERS

JUDGEMENT

(1.) The present intra Court filed under section 2(1) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred as " Act of 2005 ") assails the final order dated 10.2.2017 passed in Writ Petition No.5970/2016 whereby the learned Single Judge while exercising the power of superintendence under Article 227 of the Constitution of India has allowed the petition and set aside the order of Board of Revenue dated 5.8.2016 after holding that application of petitioner under section 250 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as' the Code, 1959' was filed within the limitation period of two years as prescribed in section 250(1-a)(b) of the Code.

(2.) The argument of the learned counsel for the parties are heard solely on the question of maintainability of this writ appeal as it is objected by the learned counsel for the respondent that no appeal under section 2(1) of 2005 Act lies against the order passed under Article 227 of Constitution of India.

(3.) Learned counsel for the respondent in support of the objection has placed reliance on the decision of Dr. Jaidev Siddha (Dr.) v. Jaiprakash Siddha and others [2007(3) JLJ 151=2007(3) MPLJ 595 para 17] and Vijay Chaudhary v. Smt. Vimlabai and others [2011(111) MPWN 75] and contends that since no writ was sought to be issued and the petition in question was also titled as being under Article 227 and also that the tenor of the pleadings merely sought exercise of supervisory jurisdiction of the learned single Judge, the impugned order that has been passed is under Article 227 and not under Article 226 and, therefore, statutory bar under section 2(1) of 2005 Act comes into play against the appellant thereby rendering this appeal not maintainable. It is further submitted that the writ Court has not decided upon any of the rights and liabilities of the rival parties but has merely adjudicated as to whether the impugned order was passed within the jurisdictional limits of the authorities or not.