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2024 DIGILAW 530 (MP)

Dilshad Patel v. Additional Commissioner (Revenue) Indore

2024-07-30

PRANAY VERMA

body2024
ORDER 1. With consent of learned counsel for the parties, the matter is finally heard. By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15.4.2024 (Annexure P/13) passed by the Additional Commissioner, Indore Division, Indore, whereby his revision preferred against the order dated 14.2.2024 passed by the Additional Collector, District Indore has been dismissed as not maintainable. 2. The record indicates that an application was filed by respondent No.5 before the Additional Tehsildar, Tehsil Kanadia for his mutation over the disputed property under section 109, 110 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code'). The application was dismissed by order dated 6.10.2022 being aggrieved by which respondent No.5 preferred an appeal under section 44 (1) of the Code before the Sub Divisional Officer, Kanadia. During pendency of the appeal, an application under Order 1 rule 10 of the CPC was preferred by the petitioner for being impleaded as a party therein which was allowed by the S.D.O. by order dated 10.3.2023. being aggrieved by which respondent No.5 has preferred a revision under section 50 of the Code before the Additional Collector, District Indore. In those proceedings, an application under Order 7 rule 11 of the CPC was preferred by the petitioner for dismissal of the proceedings. 3. As per the petitioner, arguments on the aforesaid application were heard and the case was fixed for orders thereupon but no order was passed and the matter was proceeded with and eventually by order dated 14.2.2024 was directed to be fixed for final arguments. Being aggrieved by that order, the petitioner preferred a revision under section 50 of the Code before the Additional Commissioner which has been dismissed as not maintainable by the impugned order on the ground that under section 50(2)(c) of the Code there is no provision for preferring a revision against any order passed in a revision. 4. Learned counsel for the petitioner has submitted that the revision preferred before the Additional Commissioner was not against any final order passed in a revision but was only against an interim order, hence the bar under section 50(2)(c) of the Code was not attracted and the revision was very much maintainable and ought to have been decided by the Additional Commissioner on merits. 5. 5. Per contra, learned counsel for respondent No.5 has submitted that the revision was preferred against an order passed in a revision. As per the express language of section 50(2)(c) of the Code no revision can be entertained against an order passed in revision. The revision has hence rightly been dismissed by the Additional Commissioner. Various other submissions have also been made as regards proceedings of the case since the very inception but looking to the limited issue as regards maintainability of the revision, they are not being adverted to. Learned counsel for respondent No.9.1 has supported the petitioner. 6. I have considered the submissions of learned counsel for the parties and have perused the record. 7. For the purpose of appreciating the dispute between the parties, it would be appropriate to refer to the provisions of section 50 of the Code, 1959 which are as under:- "50. [ Revision. (1)Subject to the provisions of sub-sections (2), (3), (4) and (5), - (a)the Board may, at any time on its own motion or on an application made by any party, call for the record of any case which has been decided or proceedings in which an order has been passed under this Code by the Commissioner; (b)the Commissioner may, at any time on his own motion or on an application made by any party, call for the record of any case which has been decided or proceedings in which an order has been passed under this Code by the Collector or the District Survey Officer; (c)the Collector or the District Survey Officer may, at any time on his own motion or on an application of any party, call for the record of any case which has been decided or proceedings in which an order has been passed under this Code by a Revenue Officer subordinate to him; and if it appears that the subordinate Revenue Officer - (1) has exercised a jurisdiction not vested in him by this Code; or (ii) has failed to exercise a jurisdiction so vested; or (iii) has acted in the exercise of his jurisdiction illegally or with material irregularity, the Board or the Commissioner or the Collector or the District Survey Officer may make such order in the case as it or he thinks fit. (2)No application for revision shall be entertained - (a)against an order appealable under this Code; (b)against any order passed in second appeal under this Code; (c)against an order passed in revision; (d)against an order of the Commissioner under section 210; (e)unless presented within forty-five days from the date of order or its communication to the party, whichever is later ; (3)The Board or the Commissioner or Collector or the District Survey Officer shall not, under this section, vary or reverse any order made or any order deciding an issue, in the course of proceeding, except where - (a)the order, if it had been made in favour of the party applying for revision, would have finally disposed of the proceedings; or (b)the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. ----X----X----X---- 8. As per sub section (2) of section 50 of the Code, no application for revision can be entertained inter alia against an order passed in revision. The question hence arises as to what would be the interpretation of "an order" passed in revision. Pertinently "order" has not been defined anywhere in the Code. However, since section 43 of the Code provides that the Code of Civil Procedure will apply so far as may be to the proceedings under the Code, it would be apt to refer to the definition of "order" as given in section 2(14) of the CPC which states that "order means the formal expression of any decision of a civil Court". Thus, for the purpose of an order passed in a revision to be one which would attract the bar under sub section (2) of Section 50 of the Code, there should be some formal expression of any decision therein in which case the same would not be liable to be subjected to a revision. However, if there has not been any expression of any decision in the order, the same would not be an "order" as contemplated aforesaid and a revision against the same would be maintainable. 9. The revision which has been preferred by the petitioner before the Additional Commissioner is against order dated 14.2.2024 which had fixed the case for final hearing. The same was not an expression of any decision but was an interim order and an alleged procedural irregularity which had been challenged by the petitioner. 9. The revision which has been preferred by the petitioner before the Additional Commissioner is against order dated 14.2.2024 which had fixed the case for final hearing. The same was not an expression of any decision but was an interim order and an alleged procedural irregularity which had been challenged by the petitioner. It hence cannot be said that the order dated 14.2.2024 was such an order passed in a revision which could not have been subjected to a revision in view of bar under section 50(2)(c) of the Code. The revision is hence very much maintainable but has illegally held not to be maintainable by the Additional Commissioner. 10. As a result of the aforesaid discussion, the impugned order dated 15.4.2024 (Annexure P/13) cannot be sustained and is hereby set aside. The revision preferred by the petitioner before the Additional Commissioner is held to be maintainable and is directed to be decided on merits. Since the contesting parties are represented before this Court, they are directed to appear before the Additional Commissioner on 20.8.2024 for which date no fresh notices shall be required to be issued to them. The Additional Commissioner is directed to decide the revision preferably within a period of four weeks therefrom. 11. The petition is accordingly allowed and disposed off.