IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV ON THE 9^th OF MAY, 2022 MISC. PETITION No. 1543 of 2022 Between:-

1. ABDUL RAEES S/O LT MUSTAFA KHAN MARUTI SHOWROOM KE PAAS VIKAS NAGAR GUNA (MADHYA PRADESH)

2. FIROZ S/O ABDUL RAEES KHAN MARUTI SHOWROOM KE PAS VIKAS NAGAR GUNA DISTT. GUNA (MADHYA PRADESH)

3. AMJAD S/O ABDUL RAEES KHAN MARUTI SHOWROOM KE PAS VIKAS NAGAR GUNA DISTT. GUNA (MADHYA PRADESH)

4. ZEESHAN S/O ABDUL RAEES KHAN MARUTI SHOWROOM KE PAS VIKAS NAGAR GUNA DISTT. GUNA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI MAHESH GOYAL - ADVOCATE)

AND

1. AVINASH S/O SADANAND ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA PRADESH)

2. ARVIND S/O SHRI SADANAND ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA PRADESH)

3. MADHU W/O SHRI ASHOK ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA PRADESH)

4. AMIT S/O SHRI ASHOK ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA

5. SUMIT S/O SHRI ASHOK ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA

6. PRAMILA W/O SHRI ANIL ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA PRADESH)

7. AMAN S/O SHRI ANIL ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA PRADESH)

8. ANURAG S/O SHRI ANIL ARORA SADANAND PATROL PUMP KE PICHHE GUNA (MADHYA PRADESH)

.....RESPONDENTS This petition coming on for admission this day, the court passed the following:

ORDER

Present petition has been filed challenging the order dated 01/2/2022 by which the Commissioner, Gwalior Division in Case No.242/2021-22 Appeal/Guna has rejected the application filed by the petitioners for interim relief during the pendency of the appeal.

The facts in brief are that one Adarsh Arora filed an application before Tahsildar, Guna under Section 250 of M.P. Land Revenue Code, which was registered as Case No.006/70/2019-20, for removal of possession and construction allegedly raised by the petitioners herein. It was submitted in the application that a portion of land situated at village Kushmounda, Patwari Halka No.59, Tehsil and District Guna bearing survey No.278/1/1 area 0.246 hectare belongs to applicant Adarsh Arora and petitioners herein raised columns over an area of 40x40 square feet. Applicant Adarsh Arora prayed for possession. The Tahsildar, Guna vide its order dated 04/3/2020 passed an order for removal of possession treating the possession of the petitioners herein as encroachment.

Petitioners herein challenged the order dated 04/3/2020 before S.D.O., Guna by filing an appeal, who vide its order dated 04/1/2022 confirmed the order of the Tahsildar. Thereafter, petitioners preferred an appeal before the Commissioner, Gwalior Division against order dated 04/1/2022 along with an application for grant of stay. The application for grant of stay has been dismissed by the Commissioner vide impugned order dated 01/2/2022, against which present petition has been preferred.

Learned counsel for the petitioners argued that the impugned order dated

01/2/2022 is arbitrary because it is a non-speaking order as the facts and grounds of the case was not considered while passing the impugned order. In appeal memo (Annexure P-4), the petitioners have raised various grounds but while passing the impugned order, no grounds were considered.

Heard learned counsel for the petitioners and perused the available record. On perusal of the impugned order, it is apparent that the order is passed without assigning any reasons. The reasons mentioned in the application are not at all considered and the order was passed summarily.

In view of the above, the impugned order is set aside and Commissioner, Gwalior Division is directed to decide the application of the petitioners filed for stay by passing a speaking order, after giving an opportunity of hearing to the petitioners, within a period of one month from the date of receipt of certified copy of this order.

With aforesaid direction, present petition is disposed of.

ALOK KUMAR

2022.05.10

18:11:55 (SUNITA YADAV)

+05'30'

11.0.23 JUDGE AKS