Bhagirath Ware House Bhadoni Proprietorship Concern Through Proprietor Rameshwar vs State Of Madhya Pradesh And Others

Pranay Verma, J

By this petition preferred under Article 226 of the Constitution of India the petitioner has challenged the notice Annexure P/13 issued by the Tehsildar, Tehsil Shajapur under the provisions of Section 146 of MP Land Revenue Code, 1959.

Learned counsel for the petitioner submits that the notice has been issued by the Tehsildar without determination of the questions which are required to be determined. The notice has been issued recently and the case has straight away been fixed for attachment of the properties of the petitioner. It is submitted that the petitioner deserves to be granted due and adequate opportunity for raising the objection before the Tehsildar.

Learned counsel for the respondent/State has submitted that in case objection is preferred by the petitioner before the Tehsildar then the same shall be adjudicated upon in accordance with law.

Thus in the available facts of the case, it is directed that the petitioner may file his objection along with all the relevant documents before the Tehsildar within a period of seven days from today in which it shall also be permissible for him to raise all such objections as have been raised by him in this petition. In case such an objection is preferred by the petitioner then the same shall be decided by the Tehsildar in accordance with law by affording due opportunity of hearing to the petitioner. Till the same is done no coercive steps shall be taken against the petitioner.

With the aforesaid, without expressing any opinion on merits of the case, the petition stands disposed off.

Certified copy today.