Mahaiyya Kumbhar vs The State Of Madhya Pradesh on 2 August, 2022

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Madhya Pradesh High Court

Mahaiyya Kumbhar vs The State Of Madhya Pradesh on 2 August, 2022

Bench: Vivek Agarwal

                                                                 1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 2nd OF AUGUST, 2022

                                                    WRIT PETITION No. 6491 of 2022

                                        Between:-
                                        MAHAIYYA KUMBHAR S/O LATE LAKSHUA
                                        KUMBHAR,    AGED   ABOUT  60   YEARS,
                                        OCCUPATION:      FARMER      VILLAGE
                                        GANGWARIYA,   TEHSIL  NAGOD    SATNA
                                        (MADHYA PRADESH)

                                                                                            .....PETITIONER
                                        (BY SHRI LAL RAJ BAHORAN SINGH, ADVOCATE)

                                        AND

                                1.      THE STATE OF MADHYA PRADESH THROUGH
                                        PRINCIPAL SECRETRY REVENUE VALLABH
                                        BHAWAN, BHOPAL (MADHYA PRADESH)

                                2.      COLLECTOR   SATNA DISTRICT SATNA M.P.
                                        (MADHYA PRADESH)

                                3.      SUB DIVISIONAL OFFICER NAGOD SATNA (M.P.)
                                        (MADHYA PRADESH)

                                4.      TEHSILDAR     NAGOD SATNA (M.P.) (MADHYA
                                        PRADESH)

                                5.      DR. ANSHUL SINGH D/O GYANENDRA PRATAP
                                        SINGH, AGED ABOUT 25 YEARS, R/O VILLAGE-
                                        BADHAV, TEHSIL- NAGOD, SATNA (MADHYA
                                        PRADESH)

                                                                                          .....RESPONDENTS
                                        (RESPONDENT NO.5 BY SHRI GHANSHYAM SHARMA,
                                        ADVOCATE)

                                      Th is petition coming on for hearing this day, th e court passed the
Signature Not Verified
  SAN                           following:
Digitally signed by AMIT JAIN
                                                                  ORDER

Date: 2022.08.02 18:42:20 IST Learned counsel for the petitioner when informed by learned counsel for 2 the respondent No.5 that there is a remedy of Second Appeal provided under the Madhya Pradesh Land Revenue Code, 1959 prays for withdrawal of this writ petition.

At this stage, learned counsel for the petitioner submits that now the Second Appeal may be time barred.

It is made clear that if Second Appeal is filed by the petitioner within seven working days from today then the time spent in pursuing the remedy of this writ petition will be excluded and the Second Appeal will be decided by the competent authority on its own merits overlooking the aspect of limitation.

In above terms, this writ petition is disposed of as withdrawn.

(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2022.08.02 18:42:20 IST

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Madhya Pradesh High Court