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2024 Supreme(Online)(MP) 53968
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VINAY SARAF, J
Shankar Charamkar – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 11792/2024
Aniruddh Prasad Shah,
The court emphasized the necessity of exhausting available remedies before seeking judicial intervention, affirming the appealability of the Tahsildar's order and the trial Court's dismissal of the temporary injunction application.
Headnote:(A) Madhya Pradesh Land Revenue Code, 1959 - Section 248 - Petition challenging order treating petitioners as encroachers on Government land - Order is appealable - Petitioners have alternate efficacious remedy available through appeal - Temporary injunction application dismissed by trial Court is also appealable under Order 43 Rule 1(r) of C.P.C. (Paras 1-3)
(B) Jurisdiction - The court emphasizes the importance of exhausting available remedies before seeking judicial intervention. (Para 3)
Facts of the case:
Petitioners challenge the order dated 27.04.2023 by the Tahsildar declaring them encroachers and directing their eviction. They have filed a civil suit for declaration and injunction, but the temporary injunction application was dismissed.
Findings of Court:
The petition is disposed of, allowing petitioners to appeal the Tahsildar's order and the trial Court's dismissal of the temporary injunction application. The execution of the Tahsildar's order is stayed for seven days.
Issues: The main issues addressed include the appealability of the Tahsildar's order and the availability of alternate remedies for the petitioners.
Ratio Decidendi: The court ruled that the petitioners have an alternate efficacious remedy through appeal, and thus the petition is disposed of, emphasizing the need to exhaust such remedies before approaching the court.
Result: Petition disposed of with liberty to appeal.
The present petition is preferred by the petitioners challenging the order dated 27.04.2023 passed by Tahsildar, Tahsildar-Singrauli District Singrauli in case No. 0020/A-68/2022-23, whereby the Tahsildar has passed the order under Section 248 of MPLRC , 1959 treating the petitioners as encroachers upon the Government land and issued the direction for eviction of the petitioners.
2. It appears that the order passed under Section 248 of MPLRC , 1959 is appealable. The petitioner has already filed a civil suit for declaration and injunction. However, the application moved for temporary injunction has already been dismissed by the trial Court. The order of dismissal of the application for temporary injunction is also appealable under the provisions of Order 43 Rule 1(r) of C.P.C..
3. Considering the fact that petitioners are having alternate efficacious remedy for preferring the appeal, the present petition is disposed of with a liberty to the petitioners to assail the order dated 27.04.2023 passed by Tahsildar, Singrauli before the appellate authority n/r the order passed by trial Court before the appellate Court.
4. In the interest of justice, the operation and execution of order dated 27.04.2023 shall remain stayed for a period of seven days from today. C.C. as per rules.
