MAYA LALCHANDANI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE petitioners being aggrieved by order dated 23-12-2003 passed by the learned President, Board of Revenue in Appeal Case No. A/661-PBR/2003 have filed this petition submitting inter alia that the Board of Revenue was obliged to decide the matter in accordance with the Rules framed under Section 109/110 of the M. P. Land Revenue Code and Revenue Board had no jurisdiction to issue injunction till disposal of the dispute relating to the title.

(2.) SHRI Agrawal, learned Counsel for the petitioners after taking us through Rule 32 of the Rules framed under Section 109/110 of the M. P. Land revenue Code (referred to as 'code') submitted that whenever a question relating to title is raised then summary enquiry is to be made by the Competent revenue Authority and on the strength of the findings orders have to be passed in favour of the person best entitled for mutation.

(3.) SHRI Tiwari, learned Counsel for the respondent No. 5 however, submitted that the Board of Revenue in exercise of its powers under Section 32 read with Section 43 of the M. P. Land Revenue Code could issue such a direction as the Board of Revenue was of the opinion that there being complicated questions of title being involved in the matter the parties should be asked to go to the Civil Court.