LAWS(MPH)-2014-5-209

A.K.SONDHIYA Vs. STATE OF M.P.

Decided On May 08, 2014
A.K.Sondhiya Appellant
V/S
State of M.P. and Others Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 24.03.2014 by which the Commissioner, Jabalpur, Division Jabalpur has deferred passing of orders on the application for stay filed by the petitioner awaiting record of the case of the Janpad Panchayat.

(2.) THE learned counsel for the petitioner submits that the court was bound to pass orders on the application for interim relief and could not have adjourned the same awaiting the record. It is also submitted that the petitioner had previously approached this court by filing W.P. No. 3476/14 which was disposed of with an observation that the petitioner may move an application for urgent hearing and if he does so, the authority would consider the same.

(3.) IT is also contended by the learned counsel for the petitioner that the petitioner has also moved an application before the Additional Commissioner by placing reliance on the order passed in W.P. No. 12168/2013 which had been filed by the respondent no. 5 and was disposed of with liberty to the respondent no. 5 to file an application under section 5 of the Limitation Act which was further directed to be considered by the Collector before whom the matter was pending at that time.