MAJOR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGE in this petition is made to the order dated 31.7.2015, whereby the Tahsildar in pursuant to his earlier order dated 14.7.2014 passed a detailed order against the petitioners.

(2.) BRIEF facts necessary for adjudication of this matter are that respondents No.3 to 6 filed an application before Tahsildar, contending that in between the land of petitioners and respondents No.3 to 6, there exists a route of 15 ft. wide and thereafter there exists the land of petitioners bearing survey Nos. 273, 274, 275, 276, 278, 266 and 260. It is stated in the said application that the said route in between the land of parties is in existence for last 50 years. The parties are using this route for ingress and egress and same has wrongly been blocked by the petitioners. Thus, the application aforesaid was filed with a prayer of reopening of the route. The said application was registered by respondent No.2 as Case No.03/13 -14/A13. The respondent No.2 passed an interim order dated 30.7.2014. Against this order, admittedly, the petitioners have filed a revision before the Commissioner, Gwalior Division, Gwalior. The revision is admittedly pending consideration before the Commissioner.

(3.) RESPONDENTS No.3 to 6 filed an application dated 15.7.2015 before the Tahsildar seeking compliance of earlier order dated 30.7.2014. The present petitioners filed reply stating that against the order dated 30.7.2014, revision is pending before the competent authority and, therefore, matter be kept in abeyance. The respondent No.2 passed the impugned order in exercise of power under Section 132 of M.P.Land Revenue Code (for short, the ''Code '') and directed to pay Rs.1000/ -as fine for not following the order dated 30.7.2014 and the Revenue Inspector was directed to approach the place with police authorities for opening the route. The expenses incurred in aforesaid exercise by revenue/police authorities was directed to be recovered from present petitioners as arrears of land revenue. In addition, both the parties were directed to submit bond of Rs.10000/ -each as per Sections 107 and 116 of the Code of Criminal Procedure.