HARVILAS AND ORS Vs. GULAB BAI

JUDGEMENT

(1.) The instant intra court appeal filed under Section 2(i) of M.P. Uchcha Nyayalaya ( Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred as "2005 Act") challenges the final order dated 24.08.2017 passed by learned Single Judge in WP.3398/2017 dismissing the petition in question by which revisional order of Board of Revenue dated 07.04.2017 was assailed. The said order of Board of Revenue was passed upholding the order of SDO dated 25.07.2016 by which while allowing the appeal preferred by respondent herein the order of Tehsildar, Shivpuri dated 05.01.2016 rejecting the application u/s 250 of M.P. Land Revenue Code, 1959 (for brevity " MPLR Code") preferred by the respondent herein was set aside with direction to the Tehsildar to proceed with the case u/s 250 of MPLR Code and decide the same in accordance with law.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) At the very outset, learned counsel for the respondent has raised preliminary objection regarding maintainability of this appeal on the ground of statutory bar contained in section 2(i) of the 2005 Act by submitting that the jurisdiction exercised by the Single Bench was u/Art. 227 and not original writ jurisdiction and thus, present appeal is not maintainable.