Madhya Pradesh High Court
Lalaji vs The State Of Madhya Pradesh on 22 April, 2016
WP-7034-2016
(LALAJI Vs THE STATE OF MADHYA PRADESH)
22-04-2016
Mr. Subodh Kathar, learned counsel for the petitioner.
Mrs. Janvi Pandit, learned Government Advocate on advance notice.
With the consent of learned counsel for the parties, the matter is heard
finally.
The petitioner has filed the present petition praying for a direction to
the respondent No.2 to consider and decide the appeal.
Learned counsel for the petitioner submits that the the petitioner has filed the appeal before the Commissioner against the order passed by the respondent No.3, Sub-Divisional Officer, Betul along with an application under Section 52 of the Madhya Pradesh Land Revenue Code. It is further submitted that at present, the post of Commissioner is lying vacant and Incharge Commissioner Shri S.B.Singh is looking after the matters, who is sitting only on thursday. However, for last 3 thursday, there was no sitting and due to non-availability of the Commissioner, no order has been passed on stay application. It is also submitted that the respondents are trying to disposses the petitioner from land in dispute. It is therefore, prayed that the petition be disposed of with a direction to the respondent No.2 the Commissioner to decide the appeal as early as possible and to pass the order on application for stay filed under Section 52 of the Madhya Pradesh Land Revenue Code.
Learned Government Advocate submits that the appeal and stay application will be decided by the respondent No.2 as expeditiously as possible, in accordance with law.
In view of aforesaid submission, the petition is disposed of with a direction to the respondent No.2 the Commissioner to decide the appeal filed by the petitioner within a period of one month from the date of receipt of certified copy of the order passed today and further to decide the stay application with a week . Till the consideration of stay application, the parties are directed to maintain status-quo as it exists on today.
Certified copy as per rules.
(MISS VANDANA KASREKAR) JUDGE