Madhya Pradesh High Court
Late Ramchandra Through Dineshprasad vs Shree Ram Mandir Panwadi Throguh ... on 16 September, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:26918
1 WP-24309-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 16th OF SEPTEMBER, 2025
WRIT PETITION No. 24309 of 2025
LATE RAMCHANDRA THROUGH DINESHPRASAD
Versus
SHREE RAM MANDIR PANWADI THROGUH COLLECTOR AND
OTHERS
Appearance:
Shri Rajendra Kumar Samdani - Advocate for the petitioner appearing
through VC.
Shri Kushal Goyal - Additional Advocate General for the
respondent/State.
ORDER
By this petition preferred under Article 226 of the Constitution of
India, the petitioner has challenged the order dated 17.01.2025 [Annexure
P/1] passed by the Additional Collector, District Mandsaur.
2. On strength of a judgment and decree passed by the Civil Court the
petitioner filed an application under Section 109, 110 of M.P. Land Revenue
Code, 1959 before the Tehsildar, Tehsil Garoth, District Mandsaur for the
mutation over his disputed land. By order dated 30.11.2021 the said
application was rejected by the Tehsildar by observing that in the disputed
land the interest of State government is also involved. Being aggrieved by
the said order petitioner preferred an appeal under Section 44(1) of the Code
before the Sub Divisional Officer along with an application under Section 5
NEUTRAL CITATION NO. 2025:MPHC-IND:26918
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of the Limitation Act for condonation of delay in filing the appeal. By order
dated 09.12.2024 the application for condonation of delay was rejected by
the Sub Divisional Officer and consequently the appeal was also dismissed
as barred by time.
3. Being aggrieved by the said order, the petitioner preferred a
revision under Section 50 of the Code before the Additional Collector. By
the impugned order the said revision has been dismissed observing that over
the disputed land the Collector is recorded as a Manager hence he does not
have any jurisdiction under Section 50 to decide the same.
4. The order passed by the Additional Collector shows that he has
absolutely no knowledge regarding the legal provisions and the manner in
which he is required to exercise jurisdiction vested in him under the Code.
The appeal preferred by the petitioner was dismissed as barred by time by
the Sub Divisional Officer. The subject matter before the Additional
Collector was only as to whether the delay in preferring of the appeal was
rightly refused to be condoned by the Sub Divisional Officer or not. His
jurisdiction was confined to consideration of the matter only on the aspect of
condonation of delay. Instead of adverting to that aspect of the matter he has
passed a very curious order. He has observed that since the Collector is
recorded as a Manager of the temple the revision is not maintainable hence
he has no jurisdiction to hear the same.
5. Even if the Collector is recorded as the manager of the temple it is
not possible to comprehend as to how the revision would be rendered as not
maintainable. The revision is a creature of statute and has been provided
NEUTRAL CITATION NO. 2025:MPHC-IND:26918
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under the provisions of the Code and the Additional Collector is duty bound
to decide the same in accordance with law. It appears that he got confused as
to what he is required to do and has passed an inchoate order. He has not
even bother to look up the relevant provisions of the Code before passing of
the order.
6. In the available facts of the case, since the appeal preferred by the
petitioner was dismissed as barred by time by the Sub Divisional Officer the
revision preferred by the petitioner was certainly maintainable but has been
illegally dismissed. Consequently, the order dated 17.01.2025 passed by the
Additional Collector is quashed and he is directed to decide the revision
preferred by petitioner on merits in accordance with law and in view of the
observations as made herein.
7. The petition is accordingly allowed and disposed off.
(PRANAY VERMA)
JUDGE
jyoti
