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Madhya Pradesh High Court · body

2016 DIGILAW 668 (MP)

Jagdish Singh v. Gulab Singh

2016-08-08

ROHIT ARYA

body2016
ORDER 1. Subject matter of both writ petitions, viz., Writ Petition No.5400/2015 and Writ Petition No.229/2016 relates to a dispute as regards right of way over piece of land falling in survey Nos.161, 187/1 and 187/2 situated in Village Kota, District Shivpuri. Hence, both the writ petition are heard and disposed of by this common order. Petitioner claims right of ownership and possession thereof. At the instance of private respondents proceedings under section 131 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code') have been initiated in the Court of Tahsildar. The Tahsildar allowed the application and granted right of way by order dated 8.8.2013. On appeal, the Sub-Divisional Officer, Shivpuri vide order dated 1.11.2014 has set aside the order passed by the Tahsildar. Private respondents being aggrieved by the order have preferred an appeal before the Commissioner under section 44 of the Code. Upon adjudication of the dispute between the parties in its appellate jurisdiction, the Additional Commissioner, Gwalior Division, Gwalior by order dated 22.9.2015 has set aside the order passed by the Sub-Divisional Officer and revived the order passed by the Tahsildar dated 8.8.2013. Against the said order, the petitioner has preferred a revision petition before the Board of Revenue under section 50 of the Code. Pending disposal of the revision petition, interim order was passed on 5.10.2015. However, upon appearance of the parties, the interim order was vacated on 10.11.2015. 2. Being aggrieved thereby, petitioner has preferred Writ Petition No.8400/2015. There is no interim order passed by this Court. It appears that petitioner preferred Writ Petition No.2129/2016 at a later stage seeking indulgence of this Court for prayer against use of land in question as right of way. On 29.3.2016, coordinate Bench of this Court has passed an interim order to the following effect : “In the meanwhile, no coercive action shall be taken against the petitioner pursuant to the impugned order till next date of hearing.” 3. Upon hearing learned counsels for both the parties, it is clear that proceedings before the Board of Revenue are still pending for consideration. Upon hearing learned counsels for both the parties, it is clear that proceedings before the Board of Revenue are still pending for consideration. Hence, in the fitness of things, it is considered apposite to dispose of both the writ petitions with the following directions : (i) parties shall appear before the Board of Revenue on 22.8.2016 alongwith an application annexing therewith certified copy of order passed today; (ii) Board of Revenue shall endeavour to decide the revision petition as early as possible, preferably within two months in accordance with law; (iii) both the parties shall maintain status quo as it exists today. No change or alterations or create third party rights by either party at site. 4. It is made clear that this Court has not expressed any opinion on merits of the case.