AJAY KUMAR DIWAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge is to an order dated 20/12/2010 passed by the Board of Revenue; whereby, an order passed by the Additional Commissioner, Gwalior Division, Gwalior on 27/02/1993 has been upheld.

(2.) The Additional Commissioner was in seisin with an appeal under Section 44 of the Madhya Pradesh Land Revenue Code, 1959. The appeal was dismissed on the ground of limitation on the findings:-

(3.) There is no cogent material evidence on record to suggest that there was a deliberate act on the part of the petitioner in belatedly receiving the certified copy which in fact was delivered on 16/04/1987. Nor is there any material to establish that the copy was prepared on 17/05/1986. Therefore, the findings arrived at by the Additional Commissioner cannot be upheld. Furthermore, the observation that the appeal could have been preferred even without the certified copy, is also not tenable in the eyes of law. As no provision is commended at that an appeal can be preferred without the certified copy/ copy of the impugned order.