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2025 DIGILAW 661 (MP)

Halkeram @ Balwant @ Shiva v. State of M. P.

2025-11-24

AMIT SETH

body2025
ORDER 1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioners challenging the civil jail warrant (Annexure P/1) issued by the Sub-Divisional Officer (Revenue), Pargana Picchore. 2. It is the case of the petitioners that against the order of dispossession passed under Section 250 of the Madhya Pradesh Land Revenue Code, 1959 by the Tahsildar, and the rejection of their first appeal by the Sub-Divisional Officer, they have invoked the second appellate jurisdiction before the Additional Commissioner, Gwalior Division, Gwalior. The second appeal was entertained, and an interim order dated 26.11.2024 (Annexure P/6) was passed, whereby the parties were directed to be maintained status quo. Yet, the Sub-Divisional Officer had issued the impugned civil jail warrant, and in compliance therewith, the petitioners were lodged in jail, and they were released only pursuant to the interim order dated 9.6.2025 passed in the instant case. Learned counsel appearing for the petitioners submits that until their second appeal is decided finally, the order of jail warrant cannot be permitted to be executed against them. 3. On the other hand, Shri H.K.Shukla, learned counsel appearing on behalf of proposed intervenor who was the applicant before the Tahsildar by way of filing an application for dismissal of the petition vide I.A.No.8306/2025 submits that once the appeal of the petitioners is pending before the Additional Commissioner, they cannot be permitted to pursue the parallel remedy of the writ petition. However, he accepts the proposition that until the decision of the second appeal of the petitioners is decided by the Additional Commissioner, Gwalior Division, Gwalior, the petitioners may not be lodged in civil jail. 4. In view of the submissions made on behalf of the parties and on the basis of consensus arrived at, the instant writ petition is disposed of by quashing the civil jail warrant issued by SDO (Annexure P/1), granting liberty to the petitioners to pursue their second appeal bearing No.382/Appeal/2024-2025 before the Additional Commissioner, Gwalior Division, Gwalior. Upon the petitioners filing a certified copy of this order passed today before the Additional Commissioner Revenue, Gwalior Division, Gwalior, the Divisional Commissioner, Gwalior Division, Gwalior shall proceed to decide the pending second appeal on merits and dispose of the same as expeditiously as possible preferably within a period of three months in accordance with law and after hearing both the parties. 5. 5. The petitioners and the proposed intervenor shall appear before the Divisional Commissioner, Gwalior Division, Gwalior on 4.12.2025. 6. With the aforesaid, the present petition stand disposed of. 7. Pending application (s), if any, shall stand closed.