A. S. BHALLA Vs. HEMLATA MISHRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dtd. 13/12/2021 and 8/2/2022 passed by Sub Divisional Officer and District Collector respectively in case No.26/Appeal/2021-22 and 2/Revision/2021-22.

(2.) It is submitted by the counsel for the petitioners that the petitioners are the owner of land bearing survey nos.195, 218 and 219 situated in village Aaukhana Khurd, Tehsil and District Gwalior. They filed an application for demarcation and accordingly, on 22/5/2014 the Tahsildar passed an order for demarcation. On 28/12/2020 the respondents filed an appeal against the order dtd. 22/5/2014 accompanied by an application under Sec. 5 of the Limitation Act as well as an application under Sec. 52 of MP Land Revenue Code. It is also specifically mentioned in the writ petition that before the Tahsil Court the respondent was not a party and accordingly, she also filed an application for grant of permission to file an appeal. Thereafter, the SDO without granting leave to appeal and condoning the delay, admitted the appeal, which was challenged by the petitioners by filing Writ Petition No.6478/2021 and accordingly, the Court directed the Collector to assign this case to some other SDO, other than the SDO, Lashkar, District Gwalior. The Presiding Officer was also directed to take up the matter for consideration of grant of leave to appeal as well as under Sec. 5 of the Limitation Act and only after considering these applications, the Revenue Court was directed to proceed in accordance with law. It is submitted that by order dtd. 13/12/2021 the SDO while deciding the application under Sec. 5 of the Limitation Act has considered the case on merits also and no reason has been assigned for granting leave to appeal. It is further submitted that being aggrieved by the order passed by the SDO, he preferred as revision before the District Collector, Gwalior, which too has been dismissed by order dtd. 8/2/2022.

(3.) Challenging both the orders passed by the Tribunals below, it is submitted by the counsel for the petitioners that since the SDO, Jhansi Road, Gwalior has considered the merits of the case, therefore, he is bound to lose the appeal, which has been filed by the respondent against the order of demarcation passed by Tahsildar. Even otherwise, while deciding the application under Sec. 5 of the Limitation Act as well as for deciding the application for leave to appeal, the SDO (Revenue), Jhansi Road, Gwalior should not have considered the merits of the case.