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2023 Supreme(MP) 884

SUBODH ABHYANKAR
Santosh, S/o. Late Shri Ramprasadji Patidar – Appellant
Versus
State Of Madhya Pradesh, Revenue Department Through Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner: Shri Gopal Krishna Patidar.
For the Respondents: Shri Amay Bajaj, P.L./G.A. and Shri Nilesh Agrawal.

ORDER :

Heard finally, with the consent of the parties.

2. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 07.09.2022, passed in Case No.4/A-13/2022-23 by the Additional Tehsildar, Rau, District Indore whereby, in the proceedings under Section 131 of the M.P. Land Revenue Code (hereinafter referred to as ‘the Code’) on an application filed under Section 131(2) of the Code for right of way through the land of the petitioner has been allowed and it is directed that the petitioner shall allow the respondents to pass through his field to Survey No.131.

3. The order has been challenged by the petitioner on the ground that in the garb of Section 131(2) of the Code, the petitioner cannot be compelled to accommodate the respondents to use the way from his field.

4. The petition is opposed by the respondents raising a preliminary objection stating that the petition itself is not maintainable as the order has been passed by invoking Section 131(2) of the Code and such interim order can be challenged by way of a revision under Section 50 of the Code, as has been held by this Court in various decisions.

5. Counsel for the petitio

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