HEMANT KUMAR PARASHAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is filed by the petitioner challenging the order 2.11.2002 passed by the Board of Revenue in Case No. 257/4/00 whereby the Board of Revenue has granted permission to review the order dated 18.9.1989 passed by the Collector, Gwalior in Case No. 75/87-88.

(2.) BRIEF facts of the case are that the present petitioner was owner of the land bearing survey numbers 134, 135, 137, 138, 139, 148/2, 149, 158/1 and 156/1 total area 9 bigha 17 biswa situated in village Senkri,Tahsil Gwalior. Petitioner filed an application for exchange of the said lands with Government land bearing survey numbers 459/1, 470, 471 and 478 having total area 21 bigha 17 biswa which was charnol land. The Collector after hearing the parties allowed the application for exchange. The Collector has also prepared a Nistar Patra under section 237 of the M.P. Land Revenue Code for conversion of the lands on 5.10.1989. Subsequently, permission was sought by the Collector for review of the earlier order. The Board of Revenue by the impugned order has granted permission to review the permission to the petitioner for exchange of the lands. This petition is filed against the said order granting permission to review.

(3.) FROM perusal of order Annexure P-1, I find that no explanation whatsoever is offered in the said order for granting permission to review after lapse of nearly 12 years. This ground was raised by the present petitioner and dealt with by the Board of Revenue at page 5 of the impugned order. Only reason assigned in the impugned order for permission to review is that there is huge difference of prices between the two lands. This cannot be a ground for review.