IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH

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ON THE 17 OF DECEMBER, 2025 WRIT PETITION No. 770 of 2016 SHAILENDRA SINGH YADAV Versus THE STATE OF MADHYA PRADESH THR AND OTHERS Appearance:

Shri Gaurav Mishra - Advocate for the petitioner.

Shri Yogesh Parashar Government Advocate appearing on behalf of Advocate General/State.

ORDER

1.With the consent of learned counsel for the rival parties, matter is heard finally.

2.This writ petition under Article 226 of Constitution of India has been filed by the petitioner challenging the order dated 27/01/2016 passed by the Sub Division Officer, District Datia, whereby, appeal preferred by the petitioner against the order dated 29/12/2015 passed by the Tehsildar under section 248 of MPLRC, 1959 was dismissed.

3.Learned counsel for the petitioner submits that sole ground of filing of the instant writ petition challenging the order dated 27/01/2016 directly before this Court without availing alternative remedy of filing appeal/revision before the statutory authority in terms of provisions contained in MPLRC, 1959 was the order dated 06/01/2016 passed by this Court in W.P. No. 16/2016 (Annexure P/3), wherein, petitioner approached this Court against the order passed by the Tehsildar, this Court directed the Collector to entertain the first appeal preferred by the petitioner against the order passed by the Tehsildar and in the teeth of the said order, the Collector instead of deciding the appeal himself relegated the appeal preferred by the petitioner to the Sub Divisional Officer for its final decision.

4.Learned counsel for the petitioner submits that subsequently order dated 06/01/2016 passed by this Court in W.P. No. 16/2016 was set aside by the Division Bench of this Court vide order dated 09/08/2019 in W.A. No. 1280/2019 and, therefore, now in view of the aforesaid subsequent development, the petitioner seeks leave of this Court to withdraw the instant writ petition with liberty to avail the statutory remedy of appeal / revision against the order dated 27/01/2016 impugned in the present writ petition before appropriate forum.

5.The facts narrated by the learned counsel for the petitioner are undisputed from the material available on record.

6.In view of the above, petitioner is permitted to withdraw the present writ petition with liberty to avail the statutory remedy of appeal / revision against the order dated 27/01/2016 passed by the Sub Divisional Officer, District Datia. In case, the petitioner prefers statutory remedy of appeal / revision against the order dated 27/01/2016 before the competent authority within a period of 45 days from today, the competent authority shall dwell upon to decide the case on merits and shall not dismissed the same on the ground of limitation as petitioner has been pursuing his remedy before this court against the said order.

7.Looking to the fact that interim protection was granted to the petitioner vide order dated 02/02/2016 and the same is in operation till date, in the given facts and circumstances of the case, it is observed that the interim protection granted to the petitioner by this Court shall remain in operation till final adjudication of the appeal/revision preferred by the petitioner before the competent authority. In case, the petitioner fails to prefer the appeal/revision before the competent authority within 45 days from today then the interim protection shall loose its efficacy.

8.With the aforesaid observation, the instant writ petition stands disposed of as withdrawn.

(AMIT SETH)

JUDGE Durgekar