MAGANLAL JAIN Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of parties petition is heard finally. By filing this writ under Article 226 and 227 of the Constitution of India, the petitioner seeks to challenge an order dated 27.9.2003 passed by Additional Collector, Ratlam in Case No. 40/Revision/02-03 (Annexure P-3). In order to appreciate the issue involved in writ few facts need to be taken note of.

(2.) ONE order being an order dated 13.6.2002 was passed by Tahsildar, Ratlam in Cases No. 751/A-76/99-2000 and 750/A-76/99-2000 (Annex. P-1) between the petitioner No. 3 and respondent No. 2 i.e. Dena Bank being applicant and petitioner No. 3 as non-applicant of those cases. The order was passed under the provisions of M.P. Lok Dhan (Shodhya Rashion Ki Vasuli) Adhiniyam coupled with the powers conferred upon the Tahsildar u/s 146 of the M.P. Land Revenue Code. This order was challenged by the petitioner No. 3 who was non-applicant in the aforesaid case by filing appeal u/s 44 of the MPLR Code before the Sub-Divisional Officer, Ratlam because it was adverse to the petitioner. She also applied for grant of stay pending appeal. By the order dated 22.10.2002 (Annexure P-2), the learned appellate Authority (SDO, Ratlam) in appeal No. 1/ Appeal/02-03 admitted the appeal and directed the parties to maintain status quo in regard to the subject matter of attached property i.e. house. By same order, notices were directed to be issued to the respondent of that appeal i.e. Bank (respondent No. 2 herein).

(3.) HAVING heard learned counsel for parties and having perused record of the case, I am inclined to set aside the order passed by the revisionary Authority dated 27.9.2003 (Annexure P-3) and while allowing this petition remand the matter to the Sub-Divisional Officer, Ratlam for deciding the appeal filed by the petitioner No. 3 being Appeal No. 1/Appeal/02-03 on merits after hearing all the parties concerned.