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2018 DIGILAW 597 (MP)

Ballu @ Balveer Jatav v. Prembai

2018-07-06

ANAND PATHAK

body2018
ORDER 1. Petition is heard finally. 2. The present petition has been preferred against the order dated 15.6.2018 passed by Sub-Divisional Officer, Kolaras, District Shivpuri, whereby jail warrant has been issued against the petitioner. 3. It is the case of the petitioner that the respondent No. 1 Prembai filed a complaint before Naib Tahsildar under section 250 of the Madhya Pradesh Land Revenue Code, 1959 alleging about the forcible possession as encroacher taken by the petitioner over the land belonging to the respondent No. 1 Premabai. Naib Tahsildar vide order dated 21.8.2017 allowed the application of respondent No. 1 and directed to pay Rs. 13,750/- and further direction was given to the petitioner to vacate the possession, else petitioner had to face consequences of civil jail under section 250(A) of the Code. 4. The said order was put to challenge by the petitioner before the Sub-Division Officer and the appeal was pending, but still as per petitioner, order dated 15.6.2018 has been passed, wherein jail warrant has been issued against the petitioner. 5. Learned counsel for the petitioner submits that impugned order suffers from reason as the order is not a speaking order. He referred circular dated 1.12.2017 issued by the General Administration Department, Government of Madhay Pradesh addressed to all the authorities to pass speaking order in the light of judgment rendered in Writ Petition No. 7120/2015 (Smt.Tarabai v. Smt. Shantibai and others). 6. Learned counsel for the respondents opposed the prayer and submits that since petitioner has not deposited the amount as directed by the Naib Tahsildar, therefore, interim order has been passed. 7. Heard. 8. From perusal of the impugned order dated 15.6.2018, it appears that impugned order suffers from the vice of non-consideration by assigning cogent reason. Administrative Authorities legally obliged to pass speaking order as per mandate of this Court in Writ Petition No. 7120/2015 as well as circular dated 1.12.2017 passed by GAD, therefore, such casualness in above orders cannot be countenanced in any manner. 9. However, at this juncture, learned counsel for the parties informed this Court that appeal is pending. Therefore, impugned order is hereby set aside and petitioner is directed to deposit the amount of Rs. 9. However, at this juncture, learned counsel for the parties informed this Court that appeal is pending. Therefore, impugned order is hereby set aside and petitioner is directed to deposit the amount of Rs. 10,000/- towards fine amount as directed to be paid by Naib Tahsildar Kolaras, District Shivpuri vide order dated 21.8.2017, within three weeks from today and if amount is deposited within stipulated period, then jail warrant shall stand stayed. For three weeks jail warrant is deferred and cannot be given effect to. 10. It is expected from appellate authority i.e. Sub-Division Officer that he will rise to the occasion and after taking guidance from judgment of this Court in Writ Petition No. 7120/2018 (Smt. Tarabai v. Smt. Shantibai and others), will pass a reasoned order after providing opportunity of hearing to the parties concerned as expeditiously as possible preferably within six weeks from the date of receiving the certified copy of this order, if appeal has not been decided already. Adherence to timeline is expected from the authority because of the nature of controversy, where the land of poor member and weaker section of the society is involved. 11. Needless to say that if petitioner succeeds in appeal then amount shall be refunded to them. 12. Petition is disposed of in the above terms.