GOPALSHARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dated 10.11.2009 passed by the Board of Revenue dismissing the revision petition on the ground of limitation as well as on merits without calling the record of the courts below.

(2.) THE contentions raised by the learned counsel for the petitioner are to the effect that application under Section 5 of the Limitation Act contains the reasons and justifications for having not filed the revision petition within time against the order of Additional Commissioner in appeal, however, the Board of Revenue has not addressed upon the explanation so offered and dismissed the same. Besides, the Board of Revenue even otherwise also dismissed the revision petition on merits without any basis, that too the records of the courts below were not called for. As such, dismissal of the revision petition on merits, is in conflict with the judgment of Division Bench reported in 1990 RN 95 (High Court) Sarman and others Vs Vidhyaram and others.

(3.) PER contra, learned counsel for the respondents submits that order passed by the Revenue Board is in accordance with law. The delay of one year half months in filing the revision petition has rightly been found to be lacking in material particulars and, therefore, rightly dismissed the revision petition for want of proper explanation. It is further submitted that even on merits the Board of Revenue has passed a reasonable order. Merely as record of the courts below was not requisitioned, the order impugned can not be held to bad in law.