KALURAM Vs. MANIYA

JUDGEMENT

(1.) Heard finally with consent.

(2.) By this Misc. Petition under Article 227 of the Constitution of India the petitioner has challenged the order of Board of Revenue dated 14/9/2017 as also the order of Additional Commissioner dated 30/9/2014 passed in revision.

(3.) In brief the case of petitioner is that Bhagla father of respondent had obtained loan from Jhabua Cooperative Land Development bank by mortgaging the land in question and since he had failed to repay the loan, therefore, public auction had taken place on 8/4/1975 in which petitioner was the highest bidder, hence sale certificate was issued in his favour and mutation was also done in the year 1976. Bhagla had filed an application under Section 170-A of MP Land Revenue Code which was rejected by Sub Divisional Officer vide bye-parte order dated 30/9/1978 and against this order the revision was dismissed by the Additional Commissioner vide order dated 28/4/1983. After 20 years the respondent had filed an application under Section 170-B of Code which was rejected by Sub Divisional Officer vide order dated 16/5/05 and appeal was dismissed by the Collector vide order dated 7/8/06 and with a delay of 10 months the revision was preferred before the Additional Commissioner which was allowed vide order dated 30/9/14 by the Additional Commissioner without condoning the delay and the revision petition against the order of Additional Commissioner has been dismissed by the Board of Revenue vide order dated 14/9/17.