Disputes regarding customary rights of way under Section 131 of the M.P. Land Revenue Code, 1959, are of a statutory nature and require prompt adjudication by the competent forum to prevent prolonged hardship to the parties involved.

ORDER

The petitioner has filed this present petition under Article 227 of the Constitution of India, being aggrieved by order dated 06.09.2023 passed in Case No.2/2023 by District Judge, Susner, Shajapur.

2. The facts of the case are that, the petitioner has filed a suit against the respondents before the Trial Court seeking a declaration of title, along with a permanent injunction declaring the order of the Additional Collector, District Agar Malwa, Case No. 22/Monitoring/2021-2022 dated 28.09.2022, as void and for consequential relief, the suit being Case No. 6A/2023. An application was filed by the petitioners under Order 39, Rule 1 and 2 of the Criminal Procedure Code. During the trial of the said suit, the reply submitted by respondents Nos. 1 to 8. While disposing of the same, the order passed on 16.05.2023 on the basis of which a temporary injunction was issued in favour of the petitioner, against which miscellaneous appeals of Order 43 Rule 1 CPC were filed by respondent nos. 1 to 8, which was allowed vide order dated 06.09.2023 by setting aside the order dated 16.05.2023. Being aggrieved, the petitioner has filed this present petition.

3. Learned counsel for the petitioner contends that the Appellate Court has committed serious jurisdictional and legal error in allowing the appeal of the respondents and setting aside the order of temporary injunction granted in their favour. It is further urged that the Appellate Court exercised its discretion arbitrarily and ignored settled principles governing interference in temporary-injunction matters.

4. It is also brought to the notice of this Court that the dispute substantively relates to a customary way (paramparagat rasta) recorded and regulated under Section 131 of the M.P. Land Revenue Code, 1959 (MPLRC) and that various orders passed by the revenue authorities already exist. The grievance of the petitioner is that despite the statutory mechanism under Section 131 , the matter remains undecided on merits before the competent court.

Heard the parties.

5. For proper appreciation, Section 131 of the MPLRC, 1959 is reproduced below:

“ Section 131 — Rights of way and other private rights

1. All customary rights of way and other private rights of every description shall be recorded during the course of survey operations in such manner as may be prescribed.

2. Any person claiming a right of way or other private right over land which has not been recorded under sub-section (1), or who disputes the existence of any such right recorded therein, may institute a suit or make an application before the competent Revenue Officer for a declaration of his right or for removal of any obstruction.

3. The Revenue Officer shall, after inquiry in the prescribed manner, pass orders regarding the existence, nature and extent of such customary right and may issue necessary directions for its enforcement.”

6. Section 131 makes it evident that disputes concerning customary rights of way are of statutory character and must be adjudicated promptly by the competent forum. Pendency of such a dispute for long periods defeats the purpose of the legislation and causes continuing hardship to the parties.

7. Having considered the submissions and material placed on record, and without expressing any opinion on the merits of the controversy between the parties concerning the temporary injunction, this Court finds it appropriate to direct an expeditious adjudication of the matter on merits.

8. Accordingly, this Miscellaneous Petition stands disposed of with the following directions:

(i) The Trial Court concerned shall decide the dispute relating to the alleged customary way ( Section 131 MPLRC) strictly on merits, af