ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India, assailing the notice dtd. 2/11/2022 passed by the respondent No.3/Tehsildar, District Dhar.

(2.) Learned counsel for the petitioner has submitted that initially the petitioner was served a notice under Sec. 248 of the M.P. Land Revenue Code, 1959. Its reply was filed by the petitioners and the original order was passed by the respondent No.3/Tehsildar on 22/9/2022 against which, an appeal was preferred before the Sub Divisional Magistrate under Sec. 44(1) of the M.P. Land Revenue Code, however, the aforesaid appeal appears to have been rejected by the Sub Divisional Magistrate only on 9/11/2022 and for obtaining the certified copy of the same, the petitioners have already applied to the office of Sub Divisional Magistrate. However, even before the certified copy of the order could be served to the petitioners, the impugned notice has been served on them by the Tehsildar asking them to vacate the premises by referring to the decision rendered by the Sub Divisional Magistrate on 9/11/2022. Thus, counsel has submitted that the petitioners have not been given the adequate opportunity to assail the order dtd. 09/11/2022 which is still to be received by them. Under such circumstances, the impugned notice may be quashed.

(3.) Learned counsel for the respondents/State on the other hand has opposed the prayer and it is submitted that the petitioners shall be given the certified copy as per the law, at the earliest and since the order dtd. 9/11/2022 passed by the Sub Divisional Magistrate has not been challenged by the petitioners, no case for interference is made out.