Kamar Beg vs State Of Madhya Pradesh

Vishal Mishra, J

The present petition has been filed seeking following reliefs :-

"(i) This Hon'ble Court may please to issue a writ of mandamus, certiorari or any other appropriate writ, order or any direction to the respondent to decide the appeal of the petitioner i.e. Case No. 179/A/11-12 filed under Section 44(2) of the M.P. Land Revenue Code, 1959 pending since 2012 expeditiously as early as possible within period of 3 months in accordance with law, after affording opportunity of hearing to all concerned, by passing a reasoned and speaking lawful order.

(ii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of justice may kindly be granted."

Learned counsel for the petitioner submits that the appeal is pending for consideration before the Appellate Authority in the year 2012 but no steps has been taken by the respondents/authority till date, therefore, innocuous prayer made by the petitioner that a direction may be issued to the respondents/authorities to decide the appeal within stipulated time.

Learned counsel for respondent/State has no objection to the innocuous prayer made by the petitioner.

Considering the statement made by the counsel for the petitioner that the appeal is pending for consideration before the Appellate Authority, this Court deems it appropriate to dispose off the petition with direction to the respondents/competent authority to decide the pending appeal (if not already decided) within a period of three months from the date of receipt of the certified copy of the order after providing opportunity of hearing to the parties concerned. The respondents shall pass a self contained speaking order and communicate it to the petitioner within the same time.

It be noted that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, the writ petition stands disposed off.