Madhya Pradesh High Court
Shyam Bihari Asati vs Smt. Indira Asati on 30 April, 2012
W.A. No. 308/12
30.04.2012
Shri Sampooran Tiwari, learned counsel for the
appellants.
Shri Sanjay Dwivedi, learned counsel for the
respondents.
Heard on the question of admission.
The appellants have filed this appeal under section 2(1) of the M.P. Uchcha Nyayalaya (Khandpeepth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 01.02.2012 passed in W.P. No. 13082/10.
From a perusal of paragraph 1 as well as paragraphs 8 and 9 of the order passed by the learned Single Judge, it is clear that the respondents had assailed the order passed by the Board of Revenue dated 05.01.2007 in the writ petition and the learned Single Judge in exercise of the powers under Article 227 of the Constitution of India has set aside the same and therefore, apparently, the order passed by the learned Single Judge is in exercise of the powers under Article 227 of the Constitution of India.
Proviso to section 2 (1) of the M.P. Uchcha Nyayalaya (Khandpeepth Ko Appeal) Adhiniyam, 2005 provides that no writ appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India as has also been held by a full bench of this court in the decision rendered in the case of Manoj Kumar Vs. Board of Revenue and others, ILR (2007) M.P.1504=2007 (4) MPHT 545 (FB).
In view of the aforesaid facts and circumstances the present appeal which has been filed against the order passed by the learned Single Judge in exercise of the powers under Article 227 of the Constitution of India, is hereby dismissed as not maintainable.
(Ajit Singh) (R.S. Jha)
Judge Judge
msp