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Judgment
Per: Justice Vijay Kumar Shukla
The present inter-Court appeal is filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 04.09.2025, whereby the learned Single Judge has dismissed the Writ Petition No.15852/2021.
The appellant had sought quashment of the order dated 14.01.2021 passed by the Tehsildar, Tehsil Rajpur, District Barwani under the provisions of Section 248 of M.P. Land Revenue Code, 1959 (hereinafter referred as "the Code") for directing an independent agency to enquire into the matter and for awarding suitable punishment to the wrongdoers.
Counsel for the respondent / State raised the various objections regarding alternative remedy of the impugned order.
Upon perusal of the order passed by the learned Single Judge, we find that the petition was dismissed on one of the consideration that the petitioner had preferred an appeal against the impugned order under Section 44(1) of the Code, which was dismissed as withdrawn by order dated 10.06.2021 and no liberty was reserved. The relevant Para 7 of the order of learned Single Judge is reproduced as under:
"07.Though the learned counsel for the petitioner has made submissions as regards the legality of the order dated 14.01.2021 passed by the Tehsildar but it is observed that against the same, the petitioner had preferred an appeal under Section 44 (1) of the Code before the Sub Divisional Officer (Revenue), Rajpur which was dismissed as withdrawn by order dated 10.06.2021. No liberty was reserved while withdrawing the appeal the legal effect of which is that the order passed by the Tehsildar has attained finality and is now not open to be questioned by the petitioner in this petition. Since the appeal preferred against the order has been dismissed as withdrawn, it is not necessary for this Court to dwell upon the said order as the same has attained finality. Since the demolition of the building of the petitioner is pursuant to the said order, the same also cannot be said to be illegal in any manner."
Counsel for the appellant has drawn our attention to the order dated 10.06.2021 filed as Annexure R/1 alongwith the reply. Upon perusal of the said order, we find that on the order-sheet, there is a noting about filing of some case. It appears that the said order cannot be treated prima facie to be a withdrawal order unconditional, therefore, we are of the considered view that the matter needs reconsideration of the impact of the order dated 10.06.2021.
In view of the aforesaid, the order dated 04.09.2025 passed by the learned Single Judge in Writ Petition No.15852/2021 is set aside and the matter is remanded back to the learned Single Judge to decide the matter afresh taking into consideration the impact of the order of withdrawal of the appeal dated 10.06.2021.
With the aforesaid, the Writ Appeal is allowed and disposed of.