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2024 Supreme(Online)(MP) 20245

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE VIVEK AGARWAL
Ram Aoutar – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Manoj Kumar Mishra,Advocate General

ORDER

Shri Manoj Kumar Mishra, learned counsel for the petitioner submits that this case is wrongly connected with W.P. No.11649/2021. In view of above, this writ petition be delinked.

Petitioner's contention is that vide order Annexure P-1 passed in the year 2004, Tehsildar Gaurihar, District Chhatarpur has refused to show indulgence, saying that he has no jurisdiction but later on, the same Tehsildar vide order Annexure P-2 entertained the application filed on behalf of the private respondent vide order dated 28.03.2006, which has unfortunately been upheld by the Sub Divisional Officer and the Additional Commissioner, respectively.

It is submitted that the petitioner was not given any opportunity of hearing before passing of the said order Annexure P-2.

In view of above, order dated 28.03.2006 (Annexure P-2) passed by the Tehsildar, Tehsil Gaurihar, District Chhatarpur and all consequential orders i.e. order dated 23.08.2010 (Annexure P-3) passed by Sub Divisional Officer, Laundi/Gaurihar, District Chhatarpur and order dated 05.04.2022 (Annexure P-

4) passed by the Additional Commissioner, Sagar Division, Sagar are hereby quashed. Matter is relegated to the Tehsildar to afford o

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