BAL JI Vs. ADDL DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PETITIONER by this writ petition has challenged the order Annex. 9 dated 17th July, 1992 passed by the Additional Divisional Commissioner, Udaipur whereby the revisional authority has set aside the order of the Collector, Banswara and affirmed the order of the Municipality granting permission to the respondent for raising construction over the land in question.

(3.) MR . Shishodia, learned Counsel for the petitioner has raised legal objection that the order passed by the Additional Divisional Commissioner is without jurisdiction as no revision lies against the order passed by the Collector, therefore, that order is final and under Section 300 of the Act no revision lies before the Divisional Commissioner. As against this Mr. Bhargava, Mr. Gupta and learned Dy. Govt. Advocate invited my attention to the decision given in Poonamchand v. Municipal Board, Jhalawar 1964 RLW 620 wherein a Division Bench of this Court has held that under Section 300 of the Act all the orders passed under the Act are revisable as such revision lies against the order passed by the Collector. In view of the decision of the Division Bench, the contention of Mr. Shishodia does not appear to be well founded.