NARESH KUMAR Vs. ADDITIONAL DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) This writ petition is directed against order dated 15.4.15 passed by the Additional Divisional Commissioner, Udaipur, whereby an appeal preferred by the petitioner against the order dated 1.8.14 of the Authorised Officer, Chittorgarh, in the proceedings under Section 90A of the Land Revenue Act, 1956 (for short "the Act") has been dismissed for want oi jurisdiction.

(2.) Learned counsel appearing for the parties submitted that as per the notification dated 7.10.14 issued by the State Government, whereby while modifying the notification dated 31.5.12, the Divisional Commissioner has been authorised to entertain the appeal under sub-section (9) of Section 90A of the Act, against the order passed by the Authorised Officer under Section 90A of the Act. Accordingly, it is submitted that the order impugned passed by the Additional Divisional Commissioner, dismissing the appeal for want of jurisdiction, may be set aside and the matter may be remanded to the Additional Divisional Commissioner for consideration afresh.

(3.) It is to be noticed that as provision of sub-section (9) of Section 90A of the Act, any person aggrieved by an order of an officer or an authority under Section 90A of the Act may appeal within 30 days from the date oi such order to such officer not below the rank of Collector as may be authorised by the State Government in this behalf.