GOPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India filed bythe petitioners is directed against an interim order of the Board of Revenue dated 5th July, 2012,whereby the Board of Revenue despite admitting their revision petition, has declined to stay theimpugned order of the Commissioner dated 11th May, 2012.

(2.) Briefly stated the facts of the case giving rise to this petition are that proceedings under section 248 of the M.P. Land Revenue Code in respect of suit property were initiated against thepetitioners which led to passing of an order by the SDO dated 23rd January, 12 whereby thepetitioner were directed to be sent to civil prison for a period of 30 days, as they did not vacatethe suit land unauthorizedly occupied by them till 15.12.2011 as directed by the Court below.Aggrieved by this order of the SDO, the petitioners filed an appeal before the Commissionerwhich was dismissed vide order dated 11th May, 2012 and the order of civil imprisonmentagainst the petitioners for their failure to remove their possession from the suit land was affirmed.The petitioners were aggrieved by the said order of the Commissioner and they challenged thesame by filing a civil revision before the Board of Revenue. It is admitted by counsels of both theparties that the Board of Revenue vide its impugned order dated 5th July, 2012 has admitted therevision petition of the petitioners for hearing on merits and has also called for the record of theCourts below, but despite admitting the revision petition for hearing, has declined to stay theorder of civil imprisonment passed against the petitioners by the SDO and affirmed by theCommissioner in appeal. It is submitted by learned counsel for the petitioners that in case theimpugned order of civil imprisonment passed by the SDO and affirmed by the Commissioner isnot stayed during pendency of hearing of their revision petition, this would cause a grave injustice to the petitioners and would rather render their revision petition infructuous. This Court finds substance in the submission made by learned counsel for the petitioners. Having regard tothe facts and circumstances of the case and submissions made by the counsels for the parties, itis directed that the impugned order of civil imprisonment against the petitioners shall be kept inabeyance till the time their revision petition pending before the Board of Revenue is finallydecided on merits. Accordingly, this revision petition is allowed and it is ordered that theimpugned order of civil imprisonment against the petitioners shall remain under suspension till the final decision of their civil revision petition pending before the Board of Revenue. Needless tomention that the Board of Revenue shall decide the revision petition of the petitioners pendingbefore it on merits as per law without getting itself influenced by any observations of this Courtcontained in this order. This petition is disposed of accordingly.