Orders under Section 250 set aside, with liberty to file a fresh application before the Tehsildar.

Salam Mohammad challenged the Tehsildar, Panna’s order dated 2 November 2019 under Section 250 of the Madhya Pradesh Land Revenue Code, 1959, and the subsequent orders of the Sub-Divisional Officer dated 6 January 2022 and Additional Commissioner dated 11 May 2022.

The related petition by Kunji Lal Raikwar sought removal of an alleged encroachment and delivery of possession, relying on the SDO’s order.

Mohammad argued that the SDO had applied amended provisions of Section 250 even though the amendments came into force after the application was filed.

Raikwar expressed willingness to file a fresh Section 250 application and did not oppose setting aside the revenue orders.

Whether the challenged revenue orders should be set aside and Raikwar permitted to pursue a fresh application under Section 250 of the Code.

Whether the relief sought in the connected petition for removal of encroachment and delivery of possession could be granted while the underlying revenue orders were being set aside.

Section 250 of the Madhya Pradesh Land Revenue Code, 1959, was the statutory basis for the application concerning alleged possession or encroachment and for the fresh application permitted by the Court.

The petitions were brought under Article 226 of the Constitution, but the Court did not lay down a broader rule concerning the temporal application of the amendments to Section 250 or decide the merits of the possession dispute.

No precedent was cited.

In light of Raikwar’s stated willingness to make a fresh Section 250 application and his lack of objection to setting aside the orders, the Court considered it unnecessary to keep either petition pending.

It set aside the Tehsildar, SDO and Additional Commissioner orders, but did not determine whether the SDO had correctly applied the amended provision or resolve the parties’ competing claims to possession.

The connected petition’s requested relief was therefore disposed of along with the challenge to the orders, with the dispute left for consideration by the Tehsildar on a fresh application.

Raikwar was permitted to apply afresh under Section 250 before the Tehsildar, Panna, within 15 working days; if filed, the application must be decided on its merits within a further 90 days by a reasoned order, after hearing all concerned.

Both petitions were disposed of with that liberty.