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Showing contexts for: Section mplrc in Prem Narayan Sharma vs The State Of Madhya Pradesh on 8 April, 2025Matching Fragments
3. It was further submitted that the State Government vide notification dated 27th June, 1968 while exercising the powers conferred by sub-section (2) of Section 24 of the Madhya Pradesh Land Revenue Code, 1959 had conferred the powers of Sub- Divisional Officer under Section 87 of the MPLRC (new section 89 of MPLRC) on all Tehsildars. Thus, the SDO had no jurisdiction to exercise the powers conferred under Section 89 of MPLRC.
5. Learned counsel for the petitioner submits that under Section 89 of MPLRC, the original authority is SDO. Section 24 of MPLRC is an enabling provision which enables the State Government to delegate additional power to an authority. As per notification dated 27.06.1968, while exercising powers under Section 24(2) of MPLRC the powers conferred upon SDO under Section 87 of MPLRC (new 89 of MPLRC) had been conferred upon Tehsildars by the State Government. In Section 89 of MPLRC, it is clearly mentioned that the powers are vested in relation to Section 89 of MPLRC with the SDO. Once the power has been delegated, the original power as per the main enactment (Code) shall remain still vested with the Sub-Divisional Officer. Thus, learned Additional Commissioner has committed grave illegality in passing the impugned order dated 11.02.2021. Hence, it was prayed that the order dated 11.02.2021 passed by Additional Commissioner, Gwalior Division, Gwalior be set-aside.
6. Heard counsel for the parties and perused the record.
7. From perusal of impugned order dated 11.02.2021 passed by Additional Commissioner, Gwalior Division, Gwalior, it appears that learned Additional Commissioner in the wake of notification dated 27.06.1968 whereby while exercising powers under Section 24(2) of MPLRC, the powers conferred with SDO under Section 87 of MPLRC (new section 89 of MPLRC) had been conferred upon Tehsildars by the State Government, had set-aside the order passed by the SDO dated 25.03.2011 under Section 89 of MPLRC by holding that SDO had no jurisdiction to pass order under section 89 of MPLRC.
(1) xxxxx (2) The State Government may confer on any Assistant Collector, Tahsildar or Naib- Tahsildar the powers conferred by this Code on a Revenue Officer of a higher grade."
11. Admittedly, the State Government in exercise of powers under Section 24(2) of the MPLRC had conferred powers vested with SDO under Section 87 of MPLRC (new Section 89 MPLRC) upon the Tehsildars vide notification dated 27.06.1968. The State Government has authority to confer such powers on Tahsildar as conferred by this Code on a Revenue Officer of a higher grade and therefore, it is clear that the powers of SDO under Section 87 of MPLRC (New Section 89 MPLRC) could be conferred upon the Tehsildars by the said notification in additional to the powers of the SDO.