NEHRU SINGH Vs. S RAJAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of INdia, the auction-purchasers challenge the order of the Board of Revenue holding that the petitioners' second appeal filed in that Court was independent under the law.

(2.) REVENUE recovery proceedings for realisation of taccavi loan to the extent of Rs. 1055.19 were started against the 4th respondent, Sarfaraz Ahmed. The proceedings were instituted on 30-11-1957. The property consisting of 42.52 acres of land was attached on 11-1-1958. On an earlier occasion, there was an auction sale which was ultimately set aside in appeal and a fresh sale was directed to be held.

(3.) AGAINST that order, the auction-purchasers filed an appeal before the Board of Revenue. By order, dated 22-5-1967, the Revenue Board held that the appeal was incompetent as in the opinion of the learned President of the Board of revenue, the matter was governed by the provisions of the Bhopal State Land Revenue Act, 1932, and not by the provisions of the M. P. Land Revenue Code, 1959. The auction-purchasers thereafter applied for review and the Revenue Board, by order, dated 20-6-1968, reiterated its earlier opinion. Hence this writ petition for issuance of a writ of certiorari.