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Appeal Under Madhya Pradesh Land Revenue Code

The restore to a higher authority to review the decision of the lower authority, auto a court to review the order of administrative agency in simple words if any party is not satisfy with the judgement of any Court they can go to higher authority for seeking justice through the appeal.

Madhya Pradesh land revenue code have the provision related with the appeal under section 44.

Appeal goes to following ways

Revenue officer subordinate

To,
Sab divisional officer

  1. Revenue officer subordinate

    To,
    Deputy survey officer
     
  2. Sab divisional officer

    to
    collector
     
  3. Deputy survey officer

    To
    District survey officer
     
  4. Assistant collector , joint collector

    Or deputy collector

    To
    Collector
     
  5. Collector/ district survey office

    To
    Commission
     
  6. Commission
    To
    The board

Second appeal
(2) Second appeal shall lie against every order passed in first appeal under this code or the rules made thereunder �

(a) SDO/DSO/collector/ DSO District survey officer

To
Commissioner

(b) Commissioner

To
The Board

(3) the second appeal shall lie only

(a) if the original order has in the first appeal been varied or reversed otherwise than In a matter of cost or .

(b) on any of the following ground and no other namily

� that the order is contrary to law or , usage having the force of law or,

  1. That the order has failed to determine some material issue of law or usage having force of law
  2. That there has been a substantial error or defect in the procedure as prescribed by this code, which may have produced error of defect in the division of the case upon merits


(4) an order passed in review varying any order shall be appealable in like manner as the original order.

Section 46 no appeal against certain order
Allowing or rejecting an application for condonation of delay on the grounds specificed in section 5 of the limitation Act, 1935

  1. Rejecting an application for review
  2. Allowing or rejecting an application for stay
  3. Of an interim nature " if once the application of stay order is rejected, then the application of that application will also not be entertained". Passed under the provisions of section 29,30,104,106,114A,127,146,150 ,152,161,207,208,210,212,213,215,220,and 243
  4. No second appeal shall lie from an order passed under the provisions of such � section 134,173,234,239,240,241,242,244,248


47 Section limitation of appeals
The period of limitation of filling first or second appeal shall be forty five days from the date of the order appealed against.

Provided that:
Other than a party against when the order has been passed ex � party, had no previous notice of the date on which the order was passed, limitation shall be computed from the date of the communication of such order .

49 section power of appellate authority

  • The appellate authority may either admit the appeal or , after calling for the record and giving the appellant and opportunity to be heard , may summarily reject it.
    But appellate authority not bound ta call record
  • If the appeal is admitted
  • Then authority shall fixed a date for hearing that case
  • And the notice shall be served on the respondent

(3) after hearing the parties the appellate authority may confirm, very aur receiver the other appealent against or may take such additional evidence as it may consider necessary for passing its order

"appellate authority shell not ordinary remand the case for the disposal of any r o s to it"

48 section copy of order object to a accompany petition= every petition for appeal review or revision shall be accomplide by a certified copy of order to which the objection is made unless the authority itself not refuse It.

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