PURUSHOTTAM DAS DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition the petitioner has called in question the order Annexure P-1 dated 28.2.2002 passed by the SDO by exercising powers of the Appellate Authority as conferred on him under section 44 of the M.P. Land Revenue Code. Respondents have raised a preliminary objection and it has been contended that against an order of first appeal passed by the SDO under S. 44 of the Land Revenue Code, a second appeal is provided before the Commissioner or the authority delegated by him and therefore a writ petition directly against the said order is not maintainable. Even though Shri Raghuvanshi, learned counsel for the petitioner, had tried to emphasis various grounds to indicate that against the resolution of the Panchayat, the SDO had no authority to interfere in the matter but the fact remains that the SDO having exercised powers under section 44 of the M.P. Land Revenue Code, the petitioner is to impugne the same by filing a second appeal before the Competent Authority. In that view of the matter, I am inclined to uphold the objections raised by the learned counsel for the respondents. That being so, it is directed that in case the petitioner prefers a Second Appeal before the Commissioner or the authority delegated by the Commissioner within a period of 30 days from today. The said authority shall proceed to dispose of the appeal in accordance with law. With the aforesaid, the petition is disposed of.

(2.) WHILE admitting the petition on 19.4.2002 parties were directed to maintain status-quo with regard to possession. The said order shall remain in operation for a period of 30 days from today. With the aforesaid, the petition is disposed of. According, M.W.P. 750/02 is also disposed of.