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Judgment
Purushaindra Kumar Kaurav, J
This petition is directed against the order dated 05.09.2018 (Annexure P/2), whereby, the appeal preferred by respondent No.1 was allowed by the Additional Commissioner, Rewa and an order passed by the Tehsildar and Sub Divisional Officer was set aside.
The facts of the case are that the respondent No.1 Rama Shanker filed an application before the Tehsildar, Tehsil Huzur, District Rewa for recording his name in the revenue records in respect of the land bearing Khasra No.246 and 224, area 0.75 acre, situated at village Sagara, Tehsil Huzur, District Rewa. The application of respondent No.1 was rejected by the Tehsildar on 12.01.2009. Against the order passed by the Tehsildar, respondent No.1 preferred an appeal before the Sub Divisional Officer, Rewa which was also dismissed on 29.12.2010 (Annexure P/1). Against the order passed by the Sub Divisional Officer, Rewa, respondent No.1 filed Second Appeal under Section 44 of the Madhya Pradesh Land Revenue Code, 1959 (for short “the Code”) before the Additional Commissioner, Rewa which has been allowed by the impugned order. Hence, the petitioner is in the present writ petition.
Learned counsel for the petitioner submits that the order passed by the Additional Commissioner is illegal and improper. The same is contrary to law. Hence, the impugned order deserves to be set aside.
Learned counsel for respondent No.1 opposed the petition. According to her, respondent No.1 is in possession of the land and house of respondent No.1 is situated over the said land. The settlement on the basis of which petitioner is claiming the right, has already been declared void and, therefore, petitioner cannot claim any right over the land in question.
I have heard learned counsel for the parties and perused the record.
On perusal of paragraph No.5 of the order dated 05.09.2018 passed by the Additional Commissioner, it is seen that the claim of the petitioner is based on the settlement which has already been declared as void. Under such circumstances, the order passed by the Additional Commissioner is in accordance with law. The petition does not have any substance. Hence, it is dismissed.