JYOTI NAGAR GRAH NIRMAN SAHAKARI Vs. BALJEET SINGH

JUDGEMENT

(1.) Heard on an objection raised by the office regarding maintainability of the writ appeal filed against the order passed in the writ petition under Article 226 of the Constitution of India.

(2.) In the year 2010-11, the respondent had filed case under Section 131 of MPLR Code, 1959. During the pendency of this case, the respondent in 2013, filed a separate complaint before Additional Collector, Indore, complaining that the appellant society has encroached and blocking the way. The Additional Collector, Indore referred the complaint to Tehsildar, Indore, before whom already case under Section 131 is pending. The Additional Collector directed the Tehsildar to made enquiry and gave report in respect of the complaint. The Tehsildar Indore, inquired the complaint and decided it by separate order dated 5.5.2015.

(3.) The respondent being aggrieved by order dated 5.5.2015, filed a regular appeal under Section 44 of MPLR Code, 1959, before the Sub-Divisional Officer, Indore.