M/S Orient Paper And Industries ... vs Kumud Singh
2021 Latest Caselaw 4139 MP

                                    1                                   WA-648-2021
        The High Court Of Madhya Pradesh
                    WA-648-2021
  (M/S ORIENT PAPER AND INDUSTRIES LTD. HVING ITS PLACE OF BUSINESS AT ORIENT PAPER
                    MILLS AMLAI DISTT. Vs KUMUD SINGH AND OTHERS)


Jabalpur, Dated : 10-08-2021
      Heard through Video Conferencing.

      Shri Akshay Sapre, learned counsel for the appellant.
      Shri Devendra Singh, learned counsel for the respondent No.1

Shri Ashish Barnard, learned Additional Advocate General for the respondents/State.

This appeal is directed against the judgment of Single Bench dated 18.11.2020, by which the writ petition filed by the writ petitioner - respondent No.1 herein has been disposed of granting him liberty to move an application before the Collector to initiate action against the the appellant herein under Section 250-A of MP Land Revenue Code.

Shri Akshay Sapre, learned counsel for the appellant submits that the respondent No.1 did not disclose to the learned Single Judge that the order of the Tehsildar dated 6.12.2019 of which implementation was sought, was itself subject to challenge in an appeal before the Collector at the instance of the

appellant herein, in which the Collector has while issuing notice to the parties including the writ petitioner-respondent No.1 herein passed the order of status-quo on 30.12.2019.

Shri Devendra Singh, learned counsel appearing for the respondent No.1 submits that the respondent No.1 was completely unaware of the fact of the status-quo order was passed by the Collector. However, learned counsel argued that the appeal filed before the Collector by the present appellant would be barred by the principle of res-judicata, as earlier appeal against the same order dated 6.12.2019 has been dismissed by the Superintendent of Land Records, Shahdol.

Having regard to the aforesaid submissions, we set aside the order passed by learned Single Judge, however require the writ petitioner-

2 WA-648-2021 respondent No.1 herein to appear before the Collector and to agitate all his arguments including the point of res-judicata. It would be for the Collector to decide the appeal on merits. We direct the Collector to decide the appeal (Annexure-A/5) within a period of three months from the date of a copy of this order produced before him by any of the parties.

The appeal is accordingly disposed of.

              (MOHAMMAD RAFIQ)                           (VIJAY KUMAR SHUKLA)
               CHIEF JUSTICE                                        JUDGE


     SKM

Digitally signed by SANTOSH
MASSEY
Date: 2021.08.11 12:53:59
+05'30'