High CourtsSingle Bench(2023) 03 MP CK 0041

Rameshwar Choudhary And Others vs State Of Madhya Pradesh Department Of Urban Administration And Others)

Madhya Pradesh High Court · Decided on 10 March 2023

HON’BLE JUDGES
Sushrut Arvind Dharmadhikari, J
CASE NUMBER
Writ Petition No. 5657 Of 2023

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Judgment

7 paragraphs · 187 words

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission and on interim relief.

Learned counsel for the petitioner submitted that in light of the order dated 09.09.2022 (Annexure P-2) the petitioner was granted easementary right to approach his field by the Naib Tehsildar. Subsequently vide order dated 02.03.2023, an order prohibiting the petitioner from using the aforesaid road has been passed without following the principles of natural justice and no notice whatsoever was given to the petitioner before passing the interim order which amounts to violation of the provisions of Section 51 of Madhya Pradesh Land Revenue Code. Even in the impugned order it cannot be gathered as to why this order restraining the petitioner has been passed.

In view of the aforesaid, issue notice to the respondents by RAD mode on payment of P.F. within seven working days, failing which this petition shall stand dismissed without reference to the Court.

Notice be made returnable within 4 weeks.

In the meanwhile, the effect and operation of the impugned order dated 02.03.2023 (Annexure P-3) shall remain stayed till the next date of hearing.

C.C. as per rules.