Madhya Pradesh High Court
Shri Govind Pathak vs The State Of Madhya Pradesh on 18 July, 2012
W.P. No. 10201/2012
(Govind Pathak Vs. State of MP and others)
18.07.2012
Heard Shri N.K. Agrawal, learned counsel for the
petitioner, Shri S.S. Bisen, learned G.A. for the State and
Shri Kamlesh Dwivedi, learned counsel for the respondent
no. 5 on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by order dated 03.07.2012 passed by the respondent no. 2 in the pending revision before the Board of Revenue whereby the Board of Revenue instead of passing the order on the application for stay filed by the petitioner has directed listing of the same after service of notice on the respondents as well as on receiving the record on 30.08.2012.
It is submitted by the learned counsel for the petitioner that as a result of the aforesaid order the respondents are continuing to raise illegal construction which would cause an irreparable damage and injury to the petitioner.
The learned counsel appearing for the respondent no. 5 submits that the present petition has been filed against an interim order which is not maintainable in law. He however, submits that he has no objection if the petition is disposed of with a direction to the Board of Revenue to decide the application filed by the petitioner for interim relief at an early date, as prayed for by the petitioner.
In view of the aforesaid statements made by the learned counsel for the parties without entering into the merits of the case or making any comment on the entitlement of the petitioner, this petition is disposed of with a direction to the Board of Revenue to consider and decide the application for interim relief filed by the petitioner expeditiously, in accordance with law, as far as possible within 15 days from the date of furnishing a copy of the order passed today along with a copy of the petition on the concerned authority by the petitioner.
For that purpose, learned counsel for the respondent no. 5 undertakes to appear before the Board of Revenue on 16th of August, 2012 on which date it is further directed that the Board of Revenue shall take up the matter, hear the parties and take up further proceedings on the application filed by the petitioner.
With the aforesaid directions the petition, filed by the petitioner stands disposed of.
C.C as per rules.
( R. S. JHA ) JUDGE msp