Ashok Patel vs State Of Madhya Pradesh And Others

Sushrut Arvind Dharmadhikari, J

This writ petition challenges the order dated 29.06.2022 (Annexure P/12) passed in Case Nos.0001/B-121/2022-23 and 0001/v-68/2022-23 passed by the Tehsildar Panagar, District Jabalpur/respondent No.2 in respect of the lands owned by the petitioner.

Learned counsel for the petitioner submitted that being aggrieved by the order of the Tehsildar passed under Section 248 of the Madhya Pradesh Land Revenue Code, 1959, the petitioner has already preferred an appeal before the Sub Divisional Magistrate, Panagar, District Jabalpur on 04.07.2022 and because of the election matters of the local self government, even the appeal is not being registered and is pending. The Tehsildar had ordered demolition of the building within a period of 10 days, therefore, he had no option but to approach this Court seeking grant of protection.

On the other hand, learned counsel for the State opposed the prayer and submitted that since the appeal has already been filed alongwith the application for grant of interim relief, this petition is not maintainable. The petition may not be entertained and the petitioner may be relegated back to the authority to pursue the pending appeal.

In view of the aforesaid, this petition is disposed of with the direction to the appellate authority to register the appeal and consider the application for grant of interim relief filed by the petitioner as expeditiously as possible and pass a reasoned and speaking order and thereafter, decide the appeal within a reasonable period of time.

Till the application for grant of interim relief is considered by the appellate authority i.e. Sub Divisional Magistrate, Panagar, District Jabalpur/respondent No.4, no coercive action shall be taken against the petitioner in respect of demolition of the building in question.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Petition is disposed of with the aforesaid directions.

C.C. as per rules.