acquired Bhumi Swami rights by
virtue of Section 185(1)(iii) read with Section 190(1) of MPLRC and if such
rights have ... section (2)."
21. The said provision is sought to be read in conjunction with Section
257(k) of MPLRC, which confers exclusive jurisdiction
section (2) of Section 24 of the Madhya Pradesh
Land Revenue Code, 1959 had conferred the powers of Sub-
Divisional Officer under Section ... under
Section 87 of MPLRC (new 89 of MPLRC) had been conferred upon
Tehsildars by the State Government. In Section 89 of MPLRC
then in terms of the
provisions contained in Section 168 (4) and Section 257
of MPLRC, jurisdiction to hear the matter will be
exclusively ... ascertained in accordance with the
provisions of sub section (1) of Section 164 of MPLRC.
Therefore, this court is of the opinion that second
substantial
Judge as defined in Section 2 of the JP
Act by virtue of Section 31 of the MPLRC. Other specific grounds
raised on behalf ... under Section 31 thereof and is,
therefore, protected under Section 3 of JP Act being a
Judge as defined under Section 2 thereof. Accordingly,
criminal
section could not be said to
be applicable.
21. It was also contended that proviso to Sub-section 3 of
Section 158 of MPLRC which ... rights under sub-section 3 of Section 158 are concerned, the said
words were inserted in sub-Section (7-b) of Section
under section 250 cannot said to be
beyond the limitation.
12. The answering respondent thereupon filed an
application under section 250 of the MPLRC before ... 5156/2019
therefore, section 250 proceeding ought not to have been
invoked. For ready reference section 250 MPLRC is
reproduced below:
250. Reinstatement of bhumiswami
scope of review is very limited. As per sub-section (2) of
Section 51 of MPLRC, no order shall be reviewed except on the
grounds ... authority competent to hear the appeal under sub-section (1) of
Section 44 of the MPLRC. Likewise, the power of revision has
been vested
respondent No.1
instead of filing an application under Section 250 of MPLRC before the
Tehsildar, issued notice to the appellants to hand-over ... falls within the
jurisdiction of revenue authorities as provided under Section 250 of MPLRC,
which specifically empowers the Sub-Divisional Officer to restore
possession
Commissioner has
given undue importance to Section 73, and Sections 109 and 110 of
the MPLRC to hold that the aforesaid application ... reading of the application for review filed under Section 51 read
with Section 32 of MPLRC, it is found that in para
petition are that the respondent herein
moved an application under section 250 of MPLRC before the Tehsildar,
Maksudangarh, District Guna seeking dispossession of the petitioners ... thereafter challenged
by the petitioners in first appeal under section 44 of MPLRC before the Sub
Divisional Officer, Radhogarh, District Guna which came