Prahlad Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2094 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                              BEFORE
                                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                     ON THE 15th OF FEBRUARY, 2022

                                                                  WRIT PETITION No. 1677 of 2022

                                                     Between:-
                                                     PRAHLAD SINGH S/O SHOUBAGH SINGH , AGED
                                                     ABOUT 70 YEARS, OCCUPATION: AGRICULTURE
                                                     DHARGAON, TEHSIL MAHESHWAR (MADHYA
                                                     PRADESH)

                                                                                                                .....PETITIONER
                                                     (BY SHRI RAKESH SOLANKI, LEARNED COUNSEL)

                                                     AND

                                                     THE STATE OF MADHYA PRADESH THROUGH
                                                     NAYAB     TEHSILDAR   TEHSIL   TAPPA
                                                     MANDLESHWAR (MADHYA PRADESH)

                                                                                                             .....RESPONDENTS
                                                     (BY SHRI VALMIK SAKARGAYEN, LEARNED PANEL LAWYER)

                                                  This petition coming on for orders this day, the court passed the following:
                                                                                    ORDER

In the instant petition, a challenge has been made to the order dated 18.11.2021 passed by Naib Tehsildar, Mandleshwar.

Counsel for the State submits that against the said order, a remedy of appeal

under Section 44 of M.P. Land Revenue Code, 1959 has been provided.

Counsel for the petitioner submits that despite pendency of appeal against the judgment and decree dated 22.09.2021 passed by Civil Judge, Senior Division, Mandleshwar, the Naib Tehsildar had passed the impugned order and, therefore, the remedy of appeal may not be efficacious remedy.

Considering the aforesaid submissions, I deem it proper to dispose off the petition with liberty to the petitioner to challenge the order dated 18.11.2021 passed by Naib Tehsildar, Mandleshwar in an appeal within a period of 15 days from today and if such an appeal is filed within the aforesaid period along with an application for stay, the same shall be considered and decided by the Appellate Authority in accordance with the law. Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Till the application for stay is considered and decided by the Appellate Date: 2022.02.15 16:28:37 IST

Authority, the status quo as exists today in respect of the property in question shall

be maintained by the parties.

With the aforesaid liberty, the present petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.02.15 16:28:37 IST