Shri Radhakrishna Dharmarth ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 13455 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MP No. 1050 of 2022 (SHRI RADHAKRISHNA DHARMARTH PRIVATE TRUST JABALPUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 12-10-2022 Shri Akhilesh Kumar Jain, learned ocunsel for the petitioner after arguing

for sometime when confronted with the order of learned Additional Commissioner, Jabalpur Division, Jabalpur wherein it is mentioned that instead of filing Second Appeal under Section 44 of the Madhya Pradesh Land Revenue Code, 1959, the petitioner should have preferred an application under

Section 35(3) of the Madhya Pradesh Land Revenue Code, 1959 for setting aside ex-parte order dismissing the Appeal under Section 35(2) of the Madhya Pradesh Land Revenue Code, 1959 submits that there is concurrent remedy of either filing an application under Section 35(3) of the Madhya Pradesh Land Revenue Code, 1959 or Second Appeal under Section 44 of the Madhya Pradesh Land Revenue Code, 1959.

On the request of Shri Akhilesh Kumar Jain, time is granted to him to produce judgment(s) in support of his contention.

List this case after Diwali Vacation.

(VIVEK AGARWAL) JUDGE

amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2022.10.12 19:25:48 IST