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Phool Singh Gond vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 28 July 2021 · Citation: (2021) 07 MP CK 0196

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 13208 Of 2021

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Judgment

15 paragraphs · 258 words

Vijay Kumar Shukla, J

The present petition is filed against the order dated 09.07.2021 of eviction passed under Section 250 of the Madhya Pradesh Land Revenue Code on

the application filed by respondent No.7. Against the said order, the petitioner has filed an appeal before the Sub Divisional Officer, Sohagpur, District

Shahdol alongwith the application for grant of stay.

Learned counsel for the petitioner submits that the said application for grant of stay is not being considered and decided by the appellate authority as

the incumbent holding the post of Sub Divisional Officer has been transferred. On the contrary, a notice for possession has been issued on 15.07.2021

by Revenue Inspector Budhar, Tahsil Budhar.

Considering the aforesaid submission that the appeal filed by the petitioner is pending before the Sub Divisional Officer, Sohagpur, District Shahdol, I

am not inclined to entertain the petition on merits. However, the petition is disposed of with a direction to the appellate authority-Sub Divisional Officer

(Revenue), Sohagpur, District Shahdol to consider and decide the application of petitioner for grant of stay within a period of two weeks from the date

of communication of the order and also to decide the appeal expeditiously as early as possible within a period of three months from the date of

communication of the order.

Till the application for grant of stay is considered and decided by the Sub Divisional Officer (Revenue), Sohagpur, District Shahdol status quo in

respect of possession of the petitioner shall be maintained by the parties.

With the aforesaid, the petition is disposed of.