Mannulal Jain vs State Of Madhya Pradesh And Others

Gurpal Singh Ahluwalia, J

This petition under Section 226 of the Constitution of India has been filed seeking the following reliefs :-

(i) That, the Hon’ble Court kindly issue writ in the nature of mandamus to set aside impugned orders dated 2.1.2024 and 13.12.2023 (P/7 & P/1) passed by respondent no. 4.

(ii) That, the Hon’ble Court kindly issue writ in the nature of mandamus to direct the respondents to neither demolish the wheat crops of the petitioners nor remove them from the land occupied by them.

(iii) That, the Hon’ble Court kindly issue writ in the nature of mandamus direct the respondents no.3 to till decision of SDO case appeal no.142/2023-24 the operation of order dated 13.12.2023 shall remain the stay (Ann.P/1).

It is submitted by counsel for the petitioner that order under Section 248 of MPLR Code has been passed against the petitioner on 13.12.2023. Being aggrieved by the said order, the petitioner has preferred an appeal before the SDO (Revenue) Amarwara, District Chhindwara which was registered as revenue appeal no.142/Appeal/2023-24. However, no progress has taken place and even his application under Section 52 of MPLR Code for stay of execution of order passed by Tahsildar under Section 248 of MPLR Code is also pending.

It is submitted that the respondents are out and out to dispossess the petitioner and in that situation, appeal under Section 248 of MPLR Code and application under Section 52 of the MPLR Code would become infructuous. Accordingly, it is prayed that SDO (Revenue) Amarwara, District Chhindwara be directed to take up his application filed under Section 52 of MPLR Code.

It is further submitted that today he has filed IA No.685/24 for taking additional documents on record and photocopy of the order sheets of the Court of SDO (Revenue) Amarwara, District Chhindwara have been placed on record which shows that the appeal was filed on 15.12.2023 and on 22.12.2023 the record of the court below was called and now, the case is fixed for 22.1.2024.

Heard counsel for the petitioner.

It is the case of the petitioner that order under Section 248 of MPLR Code has been passed and his appeal is pending as well as application under Section 52 of MPLR Code is also pending. From the order dated 15.12.2023 passed by SDO (Revenue) Amarwara, District Chhindwara in appeal no.142/Appeal/2023-24 it is clear that the appeal was filed on the said date and by order dated 22.12.2023 the record of the court below has been called and now, the case is fixed for 22.1.2024. Accordingly, it is directed that in case, if the petitioner files an application for preponement of the case along with an application for urgent hearing, then SDO (Revenue) Amarwara, District Chhindwara shall prepone the case and shall take up the application filed under Section 52 of MPLR Code and shall pass an order on the same.

Needless to mention that the application for stay shall be taken up for consideration either on the very same day on which the application for preponement is filed but latest by the following day. It is needless to mention that this Court has not considered the merits or de-merits of the case and the SDO (Revenue) Amarwara, District Chhindwara is directed to decide the application strictly in accordance with law without getting influenced or prejudiced by this order.

With aforesaid observation, the petition is disposed of.