Ram Ji Mishra vs Bhupesh Dixit
2023 Latest Caselaw 13853 MP

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                      IN THE HIGH COURT OF MADHYA PRADESH
                                   AT JABALPUR
                                    MP No. 4710 of 2023
                                  (RAM JI MISHRA Vs BHUPESH DIXIT)

   Dated : 23-08-2023
              Shri A.K. Pandey - Advocate for the petitioner.

              Heard on the question of admission.
              By the instant petition filed under Article 227 of the Constitution of India,
  the petitioner is assailing the legality, validity and propriety of order dated
  03.08.2023 (Annexure-P/4) passed by Naib Tahsildar, Tahsil Jawa, District

  Rewa, in revenue case No.0041/A-70/2023-24 whereby the said authority has
  granted interim relief restraining the petitioner from raising construction.
              Learned counsel for the petitioner submits that Naib Tahsildar has no
  authority to grant injunction. In support of his contention, learned counsel for
  the petitioner has relied upon a judgment of Division Bench of this Court
  reported in 2009 (3) MPHT 39 [Maya Lalchandani and others Vs. Board
  of Revenue and others].
              In view of the above, let notice be issued to the respondent on payment

of process fee within a period of seven days by RAD mode, returnable within

six weeks.

By way of interim measure, till next date of hearing, operation of impugned order dated 03.08.2023 (Annexure-P/4) passed by Naib Tahsildar, Tahsil Jawa, District Rewa, shall remain stayed.

List this petition in the week commencing 11.09.2023.

(SANJAY DWIVEDI) JUDGE Devashish DEVASHISH MISHRA 2023.08.24 10:50:41 +05'30'