IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANDEEP N. BHATT ON THE 28^th OF JANUARY, 2026 WRIT PETITION No. 20192 of 2012 PRATAP SINGH Versus BHANWAR SINGH Appearance:

Shri Abhay Gupta - Advocate for the petitioner.

Shri Kamal Singh Rajput, learned counsel for the respondent.

ORDER Present petition is filed seeking following reliefs :-

"(i) This Hon’ble Court may kindly be pleased to summon all the relevant records from the court below.

(ii) To quash the order passed by the President of the Board of Revenue on 01.11.2012 i.e. Annexure P/1, by which the petitioner has been aggrieved and filed the instant petition, before this Hon’ble Court.

(iii) Direct to the concerning respondent that allow the petitioner to use the disputed path Medh (Bund) to reach at his field for agricultural work alongwith agricultural instruments, in the interest of justice.

(iv) Any other relief’s which may deems fit and proper to meet the ends of justice, may kindly be granted to the petitioner in the interest of justice."

2. Learned counsel for the petitioner submits that initially order dated 19.03.2012 (Annexure P/6) was passed permitting the petitioner to through the disputed land (Medh) by taking the agricultural produce and other instruments. Thereafter, Tehsildar visited the disputed land and after inspection he found that petitioner is required to be restrained to use the disputed Medh (the way) for a limited purpose of ingress only and not for other activities like carrying the agricultural instruments etc. from the way. It is also contended that the subsequent order dated 16.06.2012 (Annexure P/7) is passed without giving any opportunity of hearing to the petitioner.

3. Learned counsel for the respondent has submitted that Tehsildar has observed in the order that there is already an alternative way existing from which petitioner can carry out his agricultural activity and he can approach his field.

4. It is also pointed out that on 08.05.2013, this court passed the following order :-

"In the meanwhile, the order passed by the Tahsildar, Khalwa on

14.06.2012 as contained in Annexure P/7 is modified to the extent that for the purpose of going to his firm for removal of the agriculture produce, petitioner shall be at liberty to use appropriate vehicle or any other method in such a manner that no damage to the way in question is caused. The order restraining the petitioner only to use the passage by walking is modified and liberty is granted to the petitioner to use the appropriate vehicle for the said purpose as indicated herein above.

List the matter after four weeks. C.C as per rules."

Learned counsel for the petitioner submits that said interim order is continued till today and in fact petitioner is using the way by using appropriate vehicle for the purpose of agriculture.

5. Considering this aspect and considering the fact that matter is pending since 2012 and by virtue of interim order, petitioner is using the way in question, it is appropriate to quash the impugned order dated 14.06.2012 (Annexure P/7) by remanding back the matter to Tehsildar for fresh consideration of the matter by giving proper opportunity of hearing to both the parties and material available on record. After hearing and considering submissions of both the parties, the Tehsildar shall pass further order in accordance with law. It is made clear that Tehsildar shall not be influenced by his earlier order or the order passed by this court and shall decide the claim of the parties on the basis of material available on record and by considering the relevant aspects of the matter which is available with him.

6. The interim order granted on 08.05.2013 which is existing till today, is continued till the fresh order is passed by the Tehsildar in compliance of this order. Such exercise for fresh consideration shall be carried out by the Tehsildar within ten weeks from the date of receipt of certified copy of this order. It is expected that both the parties shal