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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 10th OF JANUARY, 2024 WRIT PETITION No. 32139 of 2023 BETWEEN:- 1. RADHA BAI W/O NARMADA PRASAD, AGED ABOUT 58 YEARS, R/O PATAN ROAD RAIGAWAN WARD NO.72 DISTRICT JABALPUR (MADHYA PRADESH) 2. RANJEET S/O NARMADA PRASAD, AGED ABOUT 26 YEARS, OCCUPATION: UNEMPLOYED R/O PATAN ROAD RAIGAWAN WARD NO.72 DISTRICT JABALPUR (MADHYA PRADESH) 3. RAVI PRASAD S/O NARMADA PRASAD, AGED ABOUT 27 YEARS, OCCUPATION: SELF EMPLOYED R/O PATAN ROAD RAIGAWAN WARD NO.72 DISTRICT JABALPUR (MADHYA PRADESH) .....PETITIONERS (BY SHRI ATUL CHOUDHARI - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL REVENUE SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) 2. COLLECTOR JABALPUR COLLECTORATE OFFICE DISTRICT JABALPUR (MADHYA PRADESH) 3. KAMAR LAL KACHI S/O SHRI PUNNI LAL KACHI, AGED ABOUT 62 YEARS, R/O VILLAGE RAIGAWAN TEHSIL ADHARTAL DISTRICT JABALPUR (MADHYA PRADESH) 4. KUNWAR LAL KACHI S/O PUNNI LAL KACHI R/O VILLAGE RAIGAWAN TEHSIL ADHARTAL DISTRICT JABALPUR (MADHYA PRADESH) 5. MURLI LAL KACHI S/O PUNNI LAL KACHI R/O VILLAGE RAIGAWAN TEHSIL ADHARTAL DISTRICT JABALPUR (MADHYA PRADESH) .....RESPONDENTS (BY SMT. SWATI ASEEM GEORGE - DEPUTY GOVERNMENT ADVOCATE ) This petition coming on for admission this day, the court passed the following:
ORDER
This Petition under Article 226 of Constitution of India has been filed against order dated 10.01.2023 passed by Additional Tahsildar, Adhartal, District Jabalpur in Revenue Case No.3/A-27/2022-23 by which an order under Section 178 of MPLR Code has been passed.
2. Admittedly, impugned order is an appealable order and petitioners have not availed the remedy of appeal.
3. Accordingly, petition is dismissed with liberty to petitioners that if so advised, then they can assail the impugned order by filing an appeal.
4. It is further submitted by counsel for petitioners that Additional Tahsildar, Adhartal, District Jabalpur has also not supplied the certified copy of the order under challenge and present petition has been filed after obtaining a copy of order from mutation proceedings.
5. Accordingly, Additional Tahsildar, Adhartal, District Jabalpur is directed to immediately supply a certified copy of order dated 10.01.2023 passed in Revenue Case No.3/A-27/2022-23. 6. It is made clear that in case, if certified copy of the order is not supplied latest by day after tomorrow, then petitioners shall be free to file an appeal alongwith photocopy of order dated 10.01.2023 and the Appellate Authority shall not raise any objection with regard to non-filing of certified copy.
(G.S. AHLUWALIA) JUDGE SR* Digitally signed by SHANU RAIKWAR Date: 2024.01.10 17:36:19 (G.S. AHLUWALIA) JUDGE SR* Digitally signed by SHANU RAIKWAR Date: 2024.01.10 17:36:19 +05'30'
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