ORDER

Assailing the order dated 13.04.2022 passed by the learned Single Judge in allowing the Writ Petition No.3588 of 2022, the respondent No.5 is in appeal.

2. challenging the order passed by the respondent No.4/Naib Tehsildar, Circle Baroundha, Majghganwa, District Satna (M.P.) exercising jurisdiction under Section 131 of Madhya Pradesh Land Revenue Code, 1959 (hereinafter read as "MPLRC"). From the facts, it is clear that one Deshpal Yadav on behalf of the general public filed an application before the Naib Tehsildar that there is no way for the villagers of village Bhawani Purwa towards the main road which is creating a lot of problems to the villagers. They are required to cross the medh to reach the main road, therefore, the application under Section 131 of the MPLRC was filed. Naib Tehsildar exercising powers under Section 131 of the

MPLRC has passed the impugned order.

3. in question and the powers under Section 131 of MPLRC cannot be exercised by the NaibTehsildar in the routine manner. They are special powers which confers power for grant of interim temporary relief for a period of 90 days. The order of Naib Tehsildar was passed in July, 2021 and despite expiry of 90 days period, the authorities have restrained the petitioner from raising construction over his own property. It is the case of the appellant that the property does not belong to the writ petitioner. The writ court has not considered the aforesaid aspect of the case and has held that the writ petitioner cannot be stopped by the direction of the Naib Tehsildar to raise any construction over his own property and the powers under Section 131 of the MPLRC cannot be exercised in such a way and the petition was allowed.

4 was put up with a specific question with respect to powers under Section 131 of the MPLRC by the Tehsildar/Naib Tehsildar and up to what period the interim order can be in existence, he fairly submits that the order passed by the Tehsildar/Naib Tehsildar can be sustained for a period of 90 days. As the order of the Naib Tehsildar was passed in July, 2021 which was not disputed by either side, it lost its efficacy after expiry of 90 days.

5. either side, therefore, he cannot be stopped from raising construction over his own property. The writ court has rightly held that in case some inconveniences being caused to the villagers, they can approach the State Government asking for acquiring the land in question and to grant the way to the villagers. Proviso to Section 131 of the MPLRC makes it clear that the order can only persist for a period of 90 days and not beyond. The writ petitioner cannot be stopped from raising construction over his own property. No relief can be extended to the appellant, who is the general public of the village.

6.

does not call for any interference in the present writ appeal.

7.

8.

(RAVI MALIMATH) (VISHAL MISHRA)

CHIEF JUSTICE JUDGE

Sha