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2022 DIGILAW 1263 (MP)

Phool Singh v. State of M. P.

2022-10-27

SUBODH ABHYANKAR

body2022
ORDER Heard. 1. This petition has been filed by the petitioner seeking the following reliefs, which are mentioned herein as verbatim:- "(i) That, this Hon'ble Court be pleased to allow the present petition be allowed with costs; and (ii) The impugned order Annexure P/1 dated 5.1.2022 passed by the Additional Collector, Dhar be set aside/quashed by issuance of an appropriate writ, order or direction in the nature of certiorari/mandamus or by any other appropriate writ, order or direction in exercise of writ jurisdiction of this Hon'ble Court; and (iii) Any other relief, which this Hon'ble Court deems fit in the facts and circumstances of the present case, be granted to the petitioner." 2. Counsel for the petitioner has submitted that by way of interim measure this Court vide its order dated 26.4.2022 has already passed an order of status quo to be maintained by the parties. It is submitted that after the aforesaid order was passed, the Tahsildar before whom the original proceedings is still pending has not proceeded ahead only because of the status quo order passed by this Court. Thus, it is submitted that the Naib Tahsildar Badnawar, District Dhar be directed to complete the proceedings under section 131 of M.P. Land Revenue Code, 1959 and the parties may be directed to maintain status quo as has already been directed by this Court vide order dated 26.04.2022. 2. Counsel for the respondent No.2 has opposed the prayer and it is submitted that no interference is called for against the impugned order. 4. On due consideration of submissions and considering the dispute between the parties, which is still pending before the Tahsildar, this Court is inclined to disposed of this petition with a direction to the Tahsildar Badnawar before whom the application under section 131 of M.P. Land Revenue Code is pending to decide the same within 45 days in accordance with law. Till the aforesaid application is decided by the Tehsildar, the parties shall maintain status quo as directed by this Court vide order dated 26.4.2022. 5. It is made clear that this Court has not reflected anything on the merits of the case. With the aforesaid, writ petition stands disposed of.