RAVI JAT Vs. COMMISSIONER REVENUE

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioner has raised a limited grievance to the effect that though against the order dtd. 27/1/2026 (Annexure P/3) passed by the Additional Collector, District Indore, he has preferred an appeal under Sec. 91 of M.P. Panchayat Raj avam Gram Swaraj Adhiniyam, 1993 before the Commissioner, Indore Division, Indore, who is the Appellate Authority. However, though the appeal has been entertained on merits but only the record has been called for and the stay application filed by the petitioner along with the appeal has not been considered.

(2.) From a perusal of the order dtd. 27/1/2026 (Annexure P/3) passed by the Additional Collector, it is seen that therein an FIR has been directed to be registered against the petitioner and certain entries have also been directed to be made in the revenue records. The order is hence an executable order and if during pendency of the appeal, the same is executed, the entire purpose of filing of the appeal would be frustrated causing irreparable injury to the petitioner.

(3.) Thus, in the available facts of the case, it is directed that during pendency of the appeal preferred by the petitioner before the appellate authority, the order dtd. 27/1/2026 (Annexure P/3) passed by the Additional Collector shall remain stayed. However, the appeal preferred by the petitioner shall be decided by the appellate authority on its own merits without being influenced by this order.