JAGDISH SINGH Vs. GULAB SINGH

JUDGEMENT

(1.) Subject matter of both writ petitions, viz., W.P.No.5400/2015 & W.P.No.229/2016 relates to a dispute as regards right of way over piece of land falling in survey Nos.161, 187/1 & 187/2 situated in village Kota, District Shivpuri. Hence, both the writ petition are heard and disposed of by this common order. Petitioner claims right of ownership and possession thereof. At the instance of private respondents proceedings under section 139 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code') have been initiated in the Court of Tehsildar. The Tehsildar allowed the application and granted right of way by order dated 08/08/2013. On appeal, the Sub Divisional Officer, Shivpuri vide order dated 01/11/2014 has set aside the order passed by the Tehsildar. Private respondents being aggrieved by the order have preferred an appeal before the Commissioner under section 44 of the Code. Upon adjudication of the dispute between the parties in its appellate jurisdiction, the Additional Commissioner, Gwalior Division, Gwalior by order dated 22/09/2015 has set aside the order passed by the Sub-Divisional Officer and revived the order passed by the Tehsildar dated 08/08/2013. Against the said order, the petitioner has preferred a revision petition before the Board of Revenue under section 50 of the Code. Pending disposal of the revision petition, interim order was passed on 05/10/2015. However, upon appearance of the parties, the interim order was vacated on 10/11/2015.

(1.) Being aggrieved thereby, petitioner has preferred W.P.No.8400/2015. There is no interim order passed by this Court. It appears that petitioner preferred W.P.No.2129/2016 at a later stage seeking indulgence of this Court for prayer against use of land in question as right of way. On 29/03/2016, coordinate Bench of this Court has passed an interim order to the following effect: