Rajendra Kumar vs State Of MP

This petition under Article 226 of the Constitution of India has been filed against the order dated 26/03/2020 passed by Collector, District Bhind in Case No.0044/2019-20/A-74.

It is submitted by the counsel for the petitioner that an appeal has been preferred before the Court of Commissioner, Chambal Division, Morena along with an application for stay, however, because of unprecedented Covid-19 pandemic situation, the hearing of the cases in the Court of Commissioner, Chambal Division, Morena is under suspension and at present, a curfew has also been imposed, therefore, hearing of the stay application filed by the petitioner may get delayed and taking advantage of the same, the petitioner may be dispossessed by the respondents. It is submitted that the rights of the petitioner have already been crystallized in a properly constituted suit and whether the said judgment was obtained by playing fraud or not, is yet to be finally adjudicated by the Commissioner, Chambal Division, Morena.

Per contra, the petition is opposed by the counsel for the State.

It is submitted by Shri Raghuvanshi, counsel for the State that hearing of the cases in the Court of Commissioner, Chambal Division, Morena will resume from 8th July, 2020, but he fairly conceded that at present, the hearing of the cases in the Court of Commissioner, Chambal Division, Morena is under suspension.

Considered the submissions made by the Counsel for the parties.

It is the case of the petitioner that against the order dated 26/03/2020 passed by the Collector, Bhind, the petitioner has filed an appeal before the Court of Commissioner, Chambal Division, Morena, however, due to unprecedented Covid-19 pandemic situation, hearing of the cases is under suspension. It is further submitted that even a curfew has been imposed in the light of increase in the number of Covid 19 positives.

Considering the submissions made by the counsel for the parties, coupled with the positive statement made by the counsel for the State that hearing of the cases in the Court of Commissioner, Chambal Division, Morena will resume from 8th July, 2020, it is directed that the parties shall maintain the status quo including the possession for a period of one month from today. The Commissioner, Chambal Division, Morena is directed to decide the stay application positively within a period of one month.

Since the interim protection has been granted by this Court in view of the unprecedented Covid 19 pandemic situation, therefore, it is clarified that this Court has not considered the merits of the case and the Commissioner, Chambal Division, Morena shall decide the application for stay/ appeal in accordance with law without getting prejudiced or influenced by interim protection by this Court. It is made clear that this order shall remain in operation till the stay application is decided by the Commissioner, Chambal Division, Morena, but the life of this order shall not exceed one month from today.

With aforesaid observations, this petition is finally disposed of.