Madhya Pradesh High Court
Catholic Diocese Of Indore (Red Church) ... vs Tehsildar on 1 March, 2019
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
W.P.No.4127/2019
(Catholic Diocese of Indore Vs. State of M.P. & ors.)
Indore Dated :- 01.03.2019
Shri A.K.Chitale, learned senior counsel with Shri Kartik
Chitale, learned counsel for the petitioner.
Shri Ambar Pare, learned Govt. Advocate for the
respondent /State.
During the course of hearing, it has transpired that Revision Petition No.3706/2016 is pending consideration before the Board of Revenue since 24.10.2016 against the order dated 03.10.2016 passed by the Additional Commissioner, Indore, Division Indore in Appeal No.209/Appeal/2004-05.
The Board of Revenue had granted interim relief against operation of the impugned order therein on 10.11.2016. Thereafter, on several dates record of the Court below were ordered to be requisitioned but, it appears that till 17.04.2018, record was not available and hearing was deferred under one pretext or the other but, interim order was continued.
However, on 17.04.2018, the interim order was not continued despite, request made in that behalf without assigning any reason or justification though again remainder was ordered to be issued for requisition of record of Court below.
Shri Chitale, learned senior counsel though, had taken this Court to impugned orders Annexure P/12, P/13 and P/14 questioning sustainability thereof in the wake of order dated 29.02.68 (Annexure P/5) for want of jurisdiction and also on merits.
This Court in the obtaining facts and circumstances and in the fitness of things does not intend to address on the merits of the controversy and dispose of this writ petition with a direction to the Board of Revenue to decide the revision petition within a time bound period.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W.P.No.4127/2019 (Catholic Diocese of Indore Vs. State of M.P. & ors.) Shri Ambar Pare, learned Govt. Advocate has shown his grace and fairly states that if this writ petition disposed of with such innocuous order, he has no objection.
Accordingly, this writ petition is disposed of with the following directions:-
(i) the petitioner shall submit the certified copy of the order passed today before the Board of Revenue within a period of one week from the date of receipt of the certified copy of this order;
(ii) the Board of Revenue upon receipt of certified copy of the order shall ensure requisition of the record of Court below immediately without further loss of time and decide the appeal with due notice to other side within a period of two months positively;
(iii) till then, no coercive measures shall be taken against the petitioner pursuant to the order of the Additional Commissioner dated 03.10.2016 in Appeal No.209/Appeal/2004-05;
It is made clear that this Court has not expressed any opinion on the merits of the case.
(Rohit Arya) Judge vibha Vibha Pachori 2019.03.08 17:23:03 +05'30'