High CourtsSingle Bench

Leelabai vs Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 4 January 2024 · Citation: (2024) 01 MP CK 0042

HON’BLE JUDGES
Pranay Verma, J
ACTS & SECTIONS REFERRED
Madhya Pradesh Land Revenue Code, 1959 — Section 44(1), 248
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 296 Of 2024
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Judgment

7 paragraphs · 225 words

Pranay Verma, J

1.

This petition has been preferred by the petitioner against the order dated 27.12.2023 (Annexure P-1) passed by the Tehsildar, Tehsil Hatod, District Indore in exercise of jurisdiction under Section 248 of M.P. Land Revenue Code, 1959.

2.

The impugned order is apparently an appealable order under the provisions of Section 44(1) of the Code, 1959. It is the contention of learned counsel for the petitioner that in case he resorts to the remedy of appeal, then even prior to any order being passed therein, the impugned order shall be implemented.

3.

Thus, in the available facts of the case, it is directed that in case the petitioner prefers an appeal before the appellate authority against the impugned order within a period of 15 days from today alongwith an application for stay, then till consideration of the stay application, the impugned order dated 27.12.2023 shall be kept in abeyance and shall not be given effect to.

4.

In case, the order of the stay application to be filed by the petitioner is against her, then the same shall be kept in abeyance for a period of 10 days for affording opportunity to the petitioner to challenge the same in accordance with law.

5.

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

Certified copy as per today.