Didar Singh And Others vs State Of Madhya Pradesh And Others

Pranay Verma, J

By this petition preferred under Article 226 of the Constitution of India, the petitioners have challenged the order dated 5/4/2024 (Annx.P/4) passed by the Naib Tehsildar, Tehsil Malharganj, Motitabela, District Indore in exercise of power under Section 248 of the M.P. Land Revenue Code, 1959.

The aforesaid order is admittedly an appealable order under Section 44(1) of the Code, 1959. Learned counsel for the petitioners submits that the respondents are hell bent upon taking possession from the petitioners and would do the same without letting the petitioners avail the aforesaid remedy.

3 . Thus in the available facts of the case, it is directed that in case the petitioners prefer an appeal along with a stay application before the appellate authority within a period of ten days from today, then the stay application of the petitioners shall be decided by such appellate authority in accordance with law by a speaking order.

Till the decision of the stay application of the petitioners, the impugned order dated 5/4/2024 (Annexure P/4) shall be kept in abeyance.

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

C.c. as per rules.