SONERAM TYAGI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) At the outset, learned counsel for the petitioner prays for withdrawal of the petition with liberty to approach the competent Court challenging the order passed by Tehsildar, Kailaras dtd. 27/7/2018. Learned counsel for the petitioner further submits that the present petitioner could not prefer an appeal against the order passed by Tehsildar as he got indulged in other remedy of complaining of irregularity and illegality committed by Tehsildar and, therefore, the time of filing the appeal has already expired. It was further prayed that the delay which has occurred in litigating by exhausting the other remedies may be condoned and the learned appellate Court be directed to decide the appeal on its own merits without going into other aspect of limitation. Per contra, Shri Quraishi, learned Govt. Advocate submits that all these aspects with regard to delay can be submitted before the appellate Court by preferring an application under Sec. 5 of Limitation Act and the appellate authority would take its decision on the said application after considering the contentions therein in the application and such liberty should not be granted to the petitioner.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The present petition had been filed against the inaction on the part of the respondent No.2 i.e. Collector in not considering the representation filed by the petitioner with regard to the illegality which has been committed by Tehsildar while deciding the case of mutation vide order dtd. 27/7/2018. Prior to that against the illegality committed by Tehsildar, a complaint was made even to Lokayukt and since Lokayukt had not take any action, the petitioner has approached this Court vide M.Cr.C. No.12093/2020 which was disposed of by this Court vide order dtd. 15/12/2022 with a liberty to the petitioner to approach Collector, District Morena for the alleged irregularity and illegality committed by Tehsildar, Kailaras, District Morena in the matter of proceedings for mutation and in that context the petitioner has approached the Collector.