Madhya Pradesh High Court
The State Of Madhya Pradesh vs Amar Singh Gond on 15 May, 2017
1
Writ Petition No.6689-2017
15-5-2017
Shri Ajay Pratap Singh, Govt. Advocate for the petitioner/State.
Heard on admission.
Challenge is to an order dated 16.11.2015 passed by Board of
Revenue, whereby while reversing the order dated 19.10.2015 passed
by Collector, Jabalpur rejecting the application filed by respondent
no.1 under Section 165(6-a) of the M.P. Land Revenue Code, 1959 (in short "MPLRC"), has allowed the revision filed by respondent no.1.
The order passed by the Board of Revenue is being questioned on two counts; firstly, without issuing notice and without affording opportunity to the State, the order has been passed and secondly, an appeal under Section 44 of MPLRC is not tenable in view of the provisions contained under Section 165(6-c) read with Section 44 of the MPLRC.
Issue notice to the respondents on admission as well as on I.A. No.5996/2017 on payment of process fee within 7 days by Registered A/D and notices be made returnable within four weeks.
Till next date of listing, operation and effect of the order dated 16.11.2015 shall remain stayed.
At this stage, learned counsel for the petitioner/State submits that in furtherance to order dated 16.11.2015, certain sale deed has been executed by the respondent no.1 in favour of respondent no.2.
In view whereof, parties are directed to maintain status-quo as it exists today in respect of property in question till next date of listing.
List after four weeks.
C.C. as per rules.
(SANJAY YADAV) JUDGE vinod