Kanhai Singh vs. Commissioner

WP-8387-2011

(KANHAI SINGH Vs COMMISSIONER)

19-05-2017

Shri S.K.Vajpai, learned counsel for the petitioner.

Shri Suresh Agrawal, learned counsel for the respondent No.2.

This Writ Petition under Article 227 of the Constitution of India is directed against the order dt.24.8.2011 passed by the Commissioner, Chambal Division, Morena in its revisional jurisdiction setting aside the order passed by the SDO on 29.03.2007 dismissing the appeal on the ground of limitation as well as deciding the revision on merits.

Learned counsel for the petitioner contends that the revisional authority has committed grave illegality while setting aside the order of the SDO dt.29.03.2007 and deciding the revision on merits. It is submitted that if the Commissioner was inclined to set aside the appellate order passed by the SDO, in all fairness he should have remanded the matter back to the SDO for decision on merits as the SDO has dismissed the appeal on the ground of limitation. Since the appeal has been decided on merits, petitioner's precious right of appeal has also been taken away.

Per contra, Shri Suresh Agrawal, learned counsel for the respondent No.2 supports the order impugned. However, at latter stage, both the counsel fairly submit that the impugned order may be set aside and the case be remanded to the SDO for decision in appeal on merits.

In view of the aforesaid, impugned order dt.24.08.2011

(Annexure P/1) is set aside. The case is remanded back to the file of the SDO to decide the appeal on merits in accordance with law.

(ROHIT ARYA) JUDGE

SP