VAISHNAV SAHAYAK TRUST Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 30.01.2014 whereby the respondent No. 3 Additional Tehsildar, Indore rejected the objections in regard to maintainability of the application under Section 250 of the M.P. Land Revenue Code (in brief "Code").

(2.) Brief facts for adjudication of this matter are as under:--

(3.) Learned Counsel for the petitioner submits that there was no direction in the order dated 20.12.2013 passed in W.P. No. 7486/2014 to initiate proceedings under Section 250 of the Code but the respondent No. 2 filed the application scandalizing the order. Since the suit for declaration and injunction of the suit land is pending and the order passed by the Civil Court is binding on Revenue Court, therefore, during the pendency of Civil Suit an application under Section 250 of the Code is not maintainable.