ISHWARLAL Vs. SOMLA

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by the order passed by Board of Revenue dated 16.12.2015. The order passed by Board of Revenue reflects that order dated 07.05.2015 passed by the Additional Commissioner was challenged by the petitioner.

(2.) The facts of the case reveal that an application was preferred under Section 170(B) of the M.P. Land Revenue Code by the respondent against the present petitioner and an order was passed on 15.01.1983 against one Phokmi Chand, and thereafter, an appeal was preferred by late Phokmi Chand and the same was dismissed on 16.04.1984.

(3.) In spite of there being an order dated 16.04.1984 in favour of respondent, after the death of Phokmi Chand, his two children namely Ishwarlal and Ganeshlal have filed an application before the Revenue Authority for mutation of their name and the same has been dismissed on 14.05.2007, against which, an appeal was preferred before the Additional Commissioner and the Additional Commissioner has arrived at a conclusion that the matter has already been decided on 15.01.1983 and the appeal has also been decided on 16.04.1984, therefore, the question of deciding dispute afresh doesn't arise. The Board of Revenue has also taken a similar view.