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Judgment
7 paragraphs · 233 wordsVivek Rusia, J
The appellant has filed this writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the order dated 09.09.2024, whereby the writ petition has been dismissed on the ground of delay. In the writ petition, the petitioner challenged the order dated 30.08.2007 passed by the Collector in the year 2024.
Before filing this present petition, the petitioner had already filed W.P. No.13001 of 2007, challenging the same order of the Collector dated 30.08.2007, and vide order dated 08.05.2012, the writ petition was dismissed on merit. The order is reproduced below:
"Challenging the order passed by the Collector dated 30-08-2007 in the matter of proceedings held under section 5 of M.P. Samaj Ke Kamjor Vargo Ke Krishi Bhumi Dharko Ka Udhar Dene Valo Ke Bhumi Hadapne Sambandhi Bhoo Chakron Se Paritran Tatha Mukti Adhiniyam, 1976, this writ petition is filed.
Even though the writ petition was filed in the year 2007, the notices have not been issued to the respondents till date and by virtue of an order passed in the year 2007 and rights and liability of the parties have been settled.
In view of the above, finding no case for interference, this writ petition is dismissed."
Therefore, the second writ petition was not maintainable, challenging the same order. Hence, this writ appeal is misconceived and is accordingly dismissed.