ASHOK PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition challenges the order dtd. 29/6/2022 (Annexure P/12) passed in Case Nos.0001/B-121/2022-23 and 0001/v-68/2022-23 passed by the Tehsildar Panagar, District Jabalpur/respondent No.2 in respect of the lands owned by the petitioner.

(2.) Learned counsel for the petitioner submitted that being aggrieved by the order of the Tehsildar passed under Sec. 248 of the Madhya Pradesh Land Revenue Code, 1959, the petitioner has already preferred an appeal before the Sub Divisional Magistrate, Panagar, District Jabalpur on 4/7/2022 and because of the election matters of the local self government, even the appeal is not being registered and is pending. The Tehsildar had ordered demolition of the building within a period of 10 days, therefore, he had no option but to approach this Court seeking grant of protection.

(3.) On the other hand, learned counsel for the State opposed the prayer and submitted that since the appeal has already been filed alongwith the application for grant of interim relief, this petition is not maintainable. The petition may not be entertained and the petitioner may be relegated back to the authority to pursue the pending appeal.