MOHANLAL Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) WITH consent writ is heard finally. This writ arises out of an interim order passed by Collector on 19.6.2001 (Annexure P 4) in an appeal filed by the respondent No. 7 under the provisions of M.P. Panchayat Raj Adhiniyam, 1993. By this interim order, the Collector while admitting the appeal declined to grant stay to the respondent No. 7 (who was appellant in appeal). In the opinion of Collector, no case for grant of any interim pending appeal 'having been made out, the same was rejected. The appeal was then fixed for final hearing on merits by the Collector. The respondent No. 7 then filed revision to Additional Commissioner against the said interim order by which his stay application was rejected.

(2.) THE revision was also dismissed by the Additional Commissioner by his order dated 29.6.2001 (Annexure P 5). As a consequence, the order passed by the Collector was upheld. The respondent No. 7 then filed further revision to State and by order dated 7.7.2001 (Annexure P 6) the State granted stay in favour of respondent No. 7. It is against this order, the petitioner filed this writ and challenged it. Pending writ, the main appeal out of which this writ proceedings arose itself came to be decided by the Collector on 1.8.2001. It is stated that the decision of appeal has gone in favour of respondent No. 7. It is also stated that against this decision of appellate Court (Collector), the petitioner has filed an appeal/revision before the Additional Commissioner and the same is now pending.

(3.) IN such situation, the remedy of the petitioner who is now an appellant in the appellate/revisionary Court and who is now seized of the entire dispute after the disposal of the appeal by the Collector has to make an interim application in appeal/revision and ask for interim directions pending final disposal of his appeal/revision. Depending upon the case made out the appellate authority/revisionary authority may grant a stay either absolute or conditional or may refuse. 1 grant this liberty to the petitioner to resort to this mode, if not so far resorted to by him and bring to the notice of appellate authority all the interim orders passed by this Court as well.