Bhawarsingh And Others vs State Of Madhya Pradesh And Others

Pavan Kumar Dwivedi, J

The present petition has been filed by the petitioners on the short question that despite filing an appeal before the Board of Revenue against the order passed by the Commissioner on 13.10.2025, the same is not getting listed although the appeal was filed as back as on 09.12.2025.

Learned counsel for the petitioners submits that in absence of consideration of appeal as well as for interim relief, the same may become infructuous in view of the fact that the dispute in question i.e. allotment of land for construction of commercial complex on the land which is the Charnoi land. The construction of complex will start and villagers will lose valuable Charnoi land. He further points out that the entire process has been initiated merely on the asking of Sarpanch of the concerned Gram Panchayat, no resolution by the Gram Panchayat has been passed which fact has duly been fortified by placing on record affidavits of Panch members of Gram Panchayat as annexure P-4.

Learned counsel further points out that consideration by the Collector vide order dated 12.08.2025 is without any specific finding on the submissions made by the villagers before him and the same has mechanically been affirmed by the Commissioner.

Be that as it may.

This Court already vide order dated 19.11.2025 has relegated the matter to the Board of Revenue in terms of Section 44 (2) of the M.P. Land Revenue Code. However, considering the facts that despite filing of appeal on 09.12.2025, the same has not been taken for consideration till date. It is hereby directed that the appeal be taken by the Board for consideration with an outer limit of four weeks from the date of communication of this order as also on the question of interim relief.

Till the consideration by the Board of Revenue on the question of interim relief and admission of the appeal, the further proceedings with respect to allotment of land in Survey No.141 admeasuring 1.150 hectare of village-Bhaatrewaas, District-Mandsaur shall remain stayed.

It is hereby made clear that this order has been passed in the peculiar circumstances of the present case inasmuch as despite filing of appeal, the same has not been taken for hearing for the last one month and the Court has not expressed any opinion on merits of the case. The question of interim relief and admission shall be decided by the Board of Revenue strictly on the merits of the case without being affected by the present order in any manner.

With the aforesaid, the present petition stands disposed of.