Dulesingh vs State Of Madhya Pradesh And Others

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission.

This appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant assailing the order dated 07.03.2024, passed in W.P. No.5766/2024, whereby the learned Single Judge has dismissed the writ petition.

Learned Single Judge while dismissing the writ petition has passed the following order :-

The petitioner has filed the present petition under Article 226 of Constitution of India being aggrieved by order dated 19.02.2024 (Annexure P/1) under Section 248 of the Madhya Pradesh Land Revenue Code, 1959 passed in Revenue Case No.0002/A-68/2023-24, whereby the Naib Tehsildar, Tehsil Sanwer, District Indore (M.P.) has directed the petitioner to remove himself from encroached land bearing Survey No.7/1/1 situated at Village Balariya, Tehsil Sanwer, District Indore (M.P.).

The said impugned order is appealable before the Sub Division Officer (Revenue). The petitioner was not required to rushed to this Court to challenge the said order. All the grounds raised in this petition are available to the petitioner to raise before the Appellate Authority in an appeal as well as an application for stay of the impugned order.

No case for interference is made out.

Accordingly, the present writ petition is dismissed.

From perusal of the aforesaid order it can be seen that the order impugned before the learned Single Judge is appelable before the Sub Division Officer(Revenue). The learned Single Judge has not dwell upon the merits of the case and has relegated the appellant to avail the remedy of appeal in accordance with law. This Court finds no error in the order passed by the learned Single Judge calling for interference.

Accordingly, this writ appeal being bereft of merit and substance is hereby dismissed at admission stage itself.