VISHAL DHAGAT, J. - (1.)Petitioner has filed the present writ petition being aggrieved by order Annexure P/1 dated 08/03/2010 passed by respondent No.3 Collector, District Katni. By the said order, the respondent No.3 Collector, District Katni exercising the power under section 51 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter shall be referred to as "the M.P.L.R.Code") has reviewed the order dated 12/10/2007 passed by his predecessor Collector.
(2.)Brief facts of the case are that petitioner had filed an application on 17/01/2006 for exchange of his land bearing Khasra No. 702 area 0.90 hectare from the land bearing Khasra No.622/7 admeasuring 0.90 hectare situated in Village Jhinjharri, District Katni MP. The Naib Tahsildar had made its recommendation on 23/05/2007 for exchange of aforesaid land. The publication for exchange of land was made and objections were invited. As no objections were received from anybody, therefore, he made the recommendation on 23/05/2007 for exchange of land. The Sub Divisional Officer (Revenue) also considered the report of the Naib Tahsildar and recommended for exchange of the land bearing Khasra No.702 with Khasra No.622/7 and sent it to the Collector on 30/05/2007. The Collector after considering the recommendations of the Naib Tahsildar and Sub Divisional Officer (Revenue) granted permission for exchange of land vide its order dated 12/10/2007. The same Collector vide its order dated 12/06/2009 has taken a decision to exercise the power of review under Section 51 of M.P.L.R.Code to review the order dated 12/10/2007 due to technical and legal errors in the order. The decision for taking the order dated 12/10/2007 under review was passed by the same Collector but later on some other Collector has passed the final order dated 08/03/2010 after issuing notices and affording opportunity of hearing to the petitioner. The final order passed by the Collector in Case No.03/A-25/05-06 dated 08/03/2010 has been challenged principally on the ground that the Collector has reviewed the order dated 12/10/2007 without seeking any permission/sanction from the Board of Revenue and, therefore, the order violates the provisions contained in Section 51(1)(i) of the M.P.L.R.Code.
(3.)Learned counsel appearing for the petitioner has relied upon the order passed by this Court in Writ Petition No.7416/2010 & Writ Petition No.7418/2010 dated 24.8.2011 wherein it has been held by learned Single Judge that though the proceedings for review were initiated by the Collector, who had passed the order dated 13/10/2008, yet the order reviewing the order dated 13/10/2008 was passed by the Collector, who was successor in the office of the Collector, who had passed the order dated 13/10/2008. The learned Single Judge also held that it was imperative on the part of the Collector to seek permission from the Board of Revenue before seeking to review the order passed by his predecessor in office. Learned Single Judge had relied upon the judgment rendered in the case of Ravi Narayan versus State of M.P. & Others reported in R.N.161 so also the judgment passed by the Division Bench in Writ Appeal No.315/2006 (Bihari Lal versus State of MP and others).