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Rajendra Kumar Jain vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 9 November 2022 · Citation: (2022) 11 MP CK 0039

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226 · Madhya Pradesh Land Revenue Code, 1959 — Section 44
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 25690 Of 2022
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Judgment

7 paragraphs · 194 words

Subodh Abhyankar, J

This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 28.10.2022 passed by the respondent No.3/Tehsildar, Badnagar, District- Ujjain.

Admittedly, against the aforesaid order the petitioner has already preferred an appeal under Section 44 of the M.P. Land Revenue Code however, neither the appeal has been registered, nor the application for stay filed with the aforesaid appeal has been decided by the S.D.O., Badnagar.

In view of the same, this Court finds it expedient to dispose of this writ petition with a direction to the S.D.O., Badnagar to register the petitioner's appeal filed under Section 44 of the M.P. Land Revenue Code and to hear the application for stay which is also filed along with the memo of appeal.

Till the petitioner's application for stay is decided by the S.D.O., Badnagar, no coercive action shall be taken against the petitioner.

It is made clear that the Court has not reflected upon the merits of the case and the S.D.O., Badnagar shall decide the matter in accordance with law, on the basis of the documents filed on record.

C.C. as per rules.