Jahar Singh vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

Learned counsel for the petitioner submits that against the order passed by the Tehsildar under Section 248 for removal of encroachment an appeal

was preferred before the Sub-Divisional Officer (Revenue) Badamalhera, District Chhatarpur (M.P.) but the said appeal was dismissed. Being

aggrieved by the said order Second Appeal was preferred before the Additional Commissioner, Sagar Division Sagar, in which by order dated

15.12.2020 the appeal was entertained and the record was called. The appellate authority further directed to maintain the status quo in the matter. It is

further submitted that on 17.12.2020 without any notice of hearing to the petitioner, the said interim order has been vacated.

It is further stated by both the parties that the appeal is pending before the learned Additional Commissioner, Sagar Division Sagar.

Taking into consideration the aforesaid submissions, this Court deems it proper to dispose of the present petition with direction to the respondent no.2

to decide the appeal finally within a period of two months from the date of communication of the order passed today, in accordance with law after

affording opportunity of hearing of the parties.

Till the appeal is decided by the said authority, the status quo as exists today shall be maintained by the parties.

It is made clear that, this Court has not examined the matter on the merit of the case.

With the aforesaid direction, the present petition is disposed of.