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Kishor Chand Yadav vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 4 May 2026 · Citation: (2026) 05 MP CK 1374

HON’BLE JUDGES
Vivek Rusia, J · Pradeep Mittal, J
ACTS & SECTIONS REFERRED
Madhya Pradesh Lok Parisar Bedakhli Adhiniyam, 1974 — Section 5, 7, 9
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 14901 Of 2026
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Judgment

14 paragraphs · 340 words

Vivek Rusia, J

1.

The petitioner has challenged the order dated 09.3.2026 (Annexure-P/8) passed by the respondent No.2 under section 7 of the Madhya Pradesh Lok Parisar Bedakhli Adhiniyam, 1974 (for short the "Adhiniyam").

2.

The impugned order is appealable under section 9 of the Adhiniyam, which reads as under:-

" 9 . Appeals. (1) The State Government may, by notification, appoint such person being an officer not below the rank of Collector as appellate authority for the purpose of this Act in respect of such areas as may be specified in the notification.

(2) An appeal shall lie from every order of the competent authority made in respect of any public premises under Section 5 or Section 7 to the appellate authority appointed under sub-section (1).

(3) An appeal under sub-section (1) shall lie,-

(a) in case of an appeal from an order under Section 5, within fifteen days from the date of publication of the order under sub-section (1) of that section; and

(b) in the case of an appeal from an order under Section 7, within fifteen days from the date on which the order is communicated to the appellant:

Provided that the appellate authority may entertain the appeal after the expiry of the said period of fifteen days, if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) Where an appeal is preferred from an order of the competent authority, the appellate authority may stay the enforcement of that order for a total period not exceeding sixty days and on such conditions as it may deem fit.

(5) Every appeal under this section shall be disposed of by theappellate authority as expeditiously as possible.

(6) The costs of any appeal under this section shall bein the discretion of the appellate authority."

3.

In view of aforesaid, learned counsel seeks permission to grant liberty to petitioner to file an appeal.

4.

Accordingly, the instant writ petition is dismissed with liberty to the petitioner to file an appeal.