ANIL RATHOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant petition filed under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order dtd. 22/9/2022 passed by the Tehsildar, Tehsil-Manawar, District-Dhar (MP), whereby order under Sec. 248 of Madhya Pradesh Land Revenue Code, 1959, have been passed against the petitioners to vacate the land in question and to remove the encroachment.

(2.) Counsel for the petitioners submits that the aforesaid order has been passed without giving reasonable opportunity to the petitioners to adduce the evidence.

(3.) Counsel for the State raises the preliminary objection regarding the maintainability of petition on the ground that the petitioners have an alternative and efficacious remedy of appeal available under Sec. 44 of MP Land Revenue Code, 1959, against the impugned order.