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Mahendra vs Sardar And Others

Madhya Pradesh High Court · Decided on 3 November 2022 · Citation: (2022) 11 MP CK 0009

HON’BLE JUDGES
Subodh Abhyankar, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Petition No. 5104 Of 2022

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Judgment

6 paragraphs · 210 words

Subodh Abhyankar, J

This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 13.10.2022 passed by the Additional Collector, Khargone wherein, an application was filed before the Additional Collector, Khargone against the order dated 17.08.2022 passed by the Tehsildar in Ra. Case No.002/A-13/2022-23 whereby, in application filed by the respondents under Section 131 of the M.P. Land Revenue Code, 1959, an interim order has been passed and the petitioner was directed to remove obstruction from the road which led to the respondent's field.

Counsel for the petitioner submitted that the order is bad in law as the Tehsildar has not considered the fact that two alternative ways are still available to the respondent to approach his land.

On due consideration and on perusal of the impugned order, this Court is not inclined to interfere in this case and is inclined to dispose of the petition with a direction to the Tehsildar to expedite the main matter and conclude the proceedings under Section 131 of the M.P. Land Revenue Code, 1959 within two months' time from the date of receipt of certified copy of this order

With the aforesaid direction, the Misc. Petition stands disposed of.

Certified copy, as per rules.