KASHI PRASAD JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned counsel for the petitioner contends that vide impugned order dtd. 23/1/2023 which is contained in Annexure-P/5, the Collector, Dindori has passed the impugned order by which the petitioner is to be dispossessed from the property in question.

(2.) It is contended by learned counsel for the petitioner that the order impugned suffers from arbitrariness and therefore, same deserves to be quashed. It is further contended by the counsel that there is imminent threat of being dispossessed which is evident from perusal of the notice, which has been brought on record alongwith I.A. No.1737/2023 i.e. an application under Order 7 Rule 14 of CPC for taking additional documents on record. It is also contended by learned counsel for the petitioner that the petitioner is to be dispossessed from the property in question by tomorrow.

(3.) Per contra, learned counsel for the State contends that the order passed by the Collector, Dindori is appealable in terms of Sec. 44 of the M.P. Land Revenue Code, 1959 before the Commissioner, Division Jabalpur, Jabalpur and therefore, the interference at this stage is not warranted.