VIDHYARAM Vs. STATE OF M.P. AND OTHERS

JUDGEMENT

(1.) With consent heard finally.

(2.) The present petition has been filed by the petitioner challenging inaction on the part of respondents in not deciding the stay application of the petitioner in pending appeal before the Additional Commissioner, Chambal Division, Morena.

(3.) The grievance of the petitioner is that the dispute in relation to certain land alleged to be of temple is pending consideration before respondent No. 1 wherein the prayer for allotment of the land has been made and for that appropriate direction has been issued by this Court in Writ Petition No.5709/2015. Meanwhile, the respondents have initiated the proceedings under section 248 of the M.P. Land Revenue Code, 1959 and the order was passed on 28.12.2015 (Annexure P-3) which gave cause of action to the petitioner to challenge the same before the appellate authority i. e. Sub-Divisional Officer, Tahsil and District Bhind. Meeting the same fate, petitioner reagitated his prayer by way of second appeal before the Additional Commissioner, Chambal Division, Morena. Along with appeal, an application for stay has also been preferred by the petitioner seeking protection in respect of dispossession as according to him he is in continuous possession since 1912. Said application for stay has not been decided, meanwhile petitioner felt the threat for dispossession.