Chankya Choubey vs The State Of Madhya Pradesh
2025 Latest Caselaw 11244 MP

Madhya Pradesh High Court

Chankya Choubey vs The State Of Madhya Pradesh on 17 November, 2025

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

          NEUTRAL CITATION NO. 2025:MPHC-JBP:58199




                                                               1                              WP-44680-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                ON THE 17th OF NOVEMBER, 2025
                                                 WRIT PETITION No. 44680 of 2025
                                                 CHANKYA CHOUBEY
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Vishnu Deo Singh Chauhan - Advocate for the petitioner.
                                   Shri Prabhanshu Shukla - G.A. for the State.

                                                                   ORDER

It is submitted by the counsel for the petitioner that assailing the order dated 24.3.2025 (Annexure P-1), the petitioner has preferred an appeal before respondent No. 2/Commissioner (Revenue), Jabalpur Division, Jabalpur vide Appeal No. 0097/Appeal/2025-26. According to the counsel, in the said appeal, final arguments have been heard and the appeal is reserved for pronouncement of judgment. Meanwhile, notice dated 3.11.2025 (Annexure P-5) has been issued by Chief Executive Officer, Jila Panchayat,

Balaghat-cum-Prescribed Authority by which the petitioner has been called upon to deposit the amount. It is contended by the counsel for the petitioner that when the matter is subjudice before the Appellate Authority, there cannot be any notice to recover the amount, which is a subject matter of controversy in the pending appeal before the Commissioner.

2 . Having considered the aforesaid submissions and on perusal of

NEUTRAL CITATION NO. 2025:MPHC-JBP:58199

2 WP-44680-2025 record, it reflects that the petitioner has preferred an appeal against the order dated 24.3.2025. According to the counsel, in the said appeal, the final arguments have taken place and final order is to be passed. If notice dated 3.11.2025 under Section 92 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 has been issued to the petitioner, he instead of filing this petition, ought to have approached the Commissioner before whom the appeal is pending for final order. The counsel also submitted that an application for stay was also filed before the Commissioner, on which also no order is passed.

3 . Looking to the pendency of the aforesaid appeal and the interlocutory application for stay in the appeal, while declining interference in this present petition at this stage, the petition stands disposed of with

direction to respondent No. 2 to pass an order on the petitioner's application for stay of impugned order dated 24.3.2025 (Annexure P-1) within a period of 7 days ftom the date of production of certified copy of this order.

(MANINDER S. BHATTI) JUDGE

PB