Section 28 in The M.P. Maa Sharda Devi Mandir Adhiniyam, 2002
28. Appeals against orders of Tahsildar under Section 27.
(1)Any person aggrieved by an order passed by the Tahsildar under Section 27 may, within thirty days from the date of the receipt by him of such order, prefer an appeal in writing to the Sub-Divisional Officer having jurisdiction.(2)On such appeal being preferred, the Sub-Divisional Officer may order stay of further proceedings in the matter pending decision on the appeal.(3)The Sub-Divisional Officer shall call for the records of the case from the Tahsildar and after giving in notice in the manner prescribed to the appellant and the Administrator and if necessary, after making such further inquiry as he thinks fit, decide the appeal.(4)The decision of the Tahsildar shall, subject to the decision of the Sub-Divisional Officer, be final and shall be conclusive evidence of the encroachment:Provided that nothing in the section shall prevent the encroacher from instituting a suit in the Civil Court having jurisdiction on the ground that the Mandir has no title to the land or building.(5)Where no appeal against an order of the Tahsildar has been preferred under sub-section (1) or where an appeal has been preferred and dismissed the Administrator may remove the encroachment and obtain possession of the land or building encroached upon. Any Police Officer whose help is required for this purpose shall be bound to render the necessary help to the Administrator.
