Anil Rathod And Others vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

In the instant petition filed under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order dated 22.09.2022 passed by the Tehsildar, Tehsil-Manawar, District-Dhar (MP), whereby order under Section 248 of Madhya Pradesh Land Revenue Code, 1959, have been passed against the petitioners to vacate the land in question and to remove the encroachment.

Counsel for the petitioners submits that the aforesaid order has been passed without giving reasonable opportunity to the petitioners to adduce the evidence.

Counsel for the State raises the preliminary objection regarding the maintainability of petition on the ground that the petitioners have an alternative and efficacious remedy of appeal available under Section 44 of MP Land Revenue Code, 1959, against the impugned order.

At this stage, counsel for the petitioners prays for time to file the appeal against the impugned order along with an application for grant of stay and till the application for stay is considered by the appellate authority, the impugned order may be stayed.

After hearing learned counsel for the parties, I deem it proper to dispose of the petition with liberty to the petitioners to avail the remedy of appeal along with an application for grant of stay.

In case, the petitioners files the appeal along with an application for stay before the competent authority within a period of two weeks from today, the appellate authority shall consider and decide the appeal and application for stay, in accordance with law. Till the application for stay is decided by the appellate authority, status-quo in respect of land and construction shall be maintained by the parties.

With the aforesaid, the present writ petition stands disposed off. Certified copy, as per Rules.