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Madhya Pradesh High Court · body

2001 DIGILAW 810 (MP)

Mohanlal v. Chief Executive Officer

2001-11-07

A.M.SAPRE

body2001
JUDGMENT With consent writ is heard finally. This writ arises out of an interim order passed by Collector on 9.6.2001 (Annexure P-4) in an appeal filed by the respondent No.7 under the provisions of M.P. Panchayat Raj Adhiniyam, 1993. By this tantrum order, the Collector while admitting the appeal declined to grant stay to the respondent No.7 (who was appellant in appeal). In the opinion of Collector, no case for grant of any interim pending appeal having been made out, the same was rejected. The appeal was then fixed for final hearing on merits by the Collector. The respondent No.7 then filed revision to Additional Commissioner against the said interim order by which his stay application was rejected. The revision was also dismissed by the Additional Commissioner by his order dated 29.6.200 I (Annexure P-5). As a consequence, the order passed by the Collector was upheld. The respondent No.7 then filed further revision to State and by order dated 7.7.200 I (Annexure P-6) the State granted stay in favour of respondent No.7. It is against this order, the petitioner filed this writ and challenged it. Pending writ, the main appeal out of which, this writ proceedings arose itself came to be decided by the Collector on 1.8.2001. It is stated that the decision of appeal has gone in favour of respondent No.7. It is also stated that against this decision of appellate Court (Collector), the petitioner has filed an appeal/revision before the Additional Commissioner and the same is now pending. In my opinion, therefore, this writ has intact rendered in fructuous. When the appeal itself stands decided on merits, the interim stay whether granted in appeal or not granted comes to an end. It merges in the final appellate order which is again and has to be made subject matter of further appeal or revision as the case may be by an aggrieved. It is not in dispute that the petitioner against whom the final ogre in appeal was passed by the Collector has filed the appeal/revision to the appellate/reversionary authority and the same is pending. In such situation, the remedy of the petitioner who is now an appellant in the appellate/reversionary Court and who is now seized of the entire dispute after the disposal of the appeal by the Collector has to make an interim application in appeal/revision and ask for interim directions pending final disposal of his appeal/revision. In such situation, the remedy of the petitioner who is now an appellant in the appellate/reversionary Court and who is now seized of the entire dispute after the disposal of the appeal by the Collector has to make an interim application in appeal/revision and ask for interim directions pending final disposal of his appeal/revision. Depending upon the case made out the appellate authority/reversionary authority may grant a stay either absolute or conditional or may refuse. I grant this liberty to the petitioner to resort to this mode, if not so far resorted to by him and bring to the notice of appellate authority all the interim orders passed by this Court as well. In view of the aforementioned discussion, I do not wish to examine even this issue whether writ lies against interim order or not, because once I hold that it has rendered in fructuous then, nothing really survives. Petition, thus, fails and is dismissed but with aforementioned observations.