Research › Search › Judgment

Madhya Pradesh High Court · body

2016 DIGILAW 64 (MP)

Mahendra Singh v. Board of Revenue of M. P.

2016-01-29

ROHIT ARYA

body2016
ORDER 1. This petition under Article 227 of Constitution of India is directed against the order dated 4.8.2015 passed by the Board of Revenue dismissing the revision filed by the petitioner under section 50 of M.P. Land Revenue Code on the ground of limitation as the order challenged in the revisional jurisdiction was dated 23.1.2006 and revision petition was filed after 9 years. 2. Learned counsel contends that his revision petition before the Commissioner against the order of Collector dated 10.8.1994 was submitted on 28.6.1994 through Shri Jagdish Prasad Shrivastava, Advocate, thereafter revision petition was pending. On 23.12.2005, the revision petition was transferred to the Additional Commissioner, Gwalior Division Camp Guna. Though it was ordered to issue notice for the respondent on Advocate but neither to the Advocate nor party, the notice was issued and on 23.1.2006 the revision petition has been dismissed. This Court vide order dated 30.10.2015 had called for the original record of Commissioner and perused the same. The submissions so made are found to be correct. Accordingly, the contention of petitioner that without notice and knowledge the order was passed by the commissioner on 23.1.2006, therefore, the explanation offered for the delay caused in filing the revision before the Board of Revenue ought to have been considered in right perspective after verifying the record of Commissioner, hence the Board of Revenue has committed grave illegality in dismissing the revision. 3. Per contra, learned Government Advocate supports the order passed by the Board of Revenue. 4. Having heard learned counsel for the parties, upon perusal of material placed on record as well as the original record of revenue proceedings of Commissioner, in the opinion of this Court, the order dated 23.1.2006 passed in the revision petition by the Commissioner was without notice to the party and even to the Advocate. Consequently, upon transfer of revision, Additional Commissioner, Gwalior Division Guna Camp and without any hearing, the revision has been dismissed. In such circumstances, the delay caused in filing of revision ought to have been condoned by the Board of Revenue and remanded back to the Commissioner for deciding afresh, since that has not been done, hence, the order of Board of Revenue is set aside in the peculiar facts and circumstances of the case and the Revision Petition No.1647-2/2015 is restored to the file of Commissioner-respondent No.2 for decision on merit. Petitioner shall appear before the Commissioner on 18.2.2016. Registry is directed to return the record of Commissioner. 5. It is made clear that this Court has not expressed any opinion on the merits of the case. With the aforesaid, the petition stands disposed of.