MANOJ GOSWAMI Vs. GIRJESH AND ORS.

JUDGEMENT

(1.) The matter pertains to appointment of Pujari. Vide order dated 04-02-2014, Additional Commissioner, Gwalior Division has allowed the appeal preferred by respondent No.1, remanded the matter back to the SDO and set aside the order dated 29-09- 2012 passed by the SDO as well as the order dated 30-11-2012 passed by the Additional Collector, Gwalior. Through this petition preferred under Article 226/227 of Constitution of India, petitioner tried to assail finding of impugned order dated 04-02-2014 (Annexure P/1).

(2.) According to learned counsel for the petitioner, authority below has caused illegality and arbitrariness in passing impugned order because he was appointed as Pujari by the SDO vide order dated 29-09-2012 and the authority below has ignored this fact that before SDO, respondent No1 appeared but could not lead evidence to establish his claim. Therefore, the order suffers from perversity. Report was called from Naib Tahsildar and the Revenue Inspector and on the basis of report submitted by these authorities, after affording due opportunity of hearing to the parties, reasoned order has been passed.

(3.) Learned counsel for respondent No.1 opposed the prayer made by the petitioner. According to him, by the effect of order dated 27-01-2001 authority to appoint Pujari is given to the concerned Gram Sabha of the concerned area, therefore, SDO erred in passing the impugned order. Similarly under Section 50 of the M.P. Land Revenue Code, 1959 remedy of revision is available to the petitioner, therefore, on the basis of alternative remedy, petition deserves to be dismissed.