Supreme Court - Daily Orders
Lalji Choubey (Dead) Thr. Lrs. vs The State Of Madhya Pradesh on 1 August, 2019
Bench: Sanjay Kishan Kaul, K.M. Joseph
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ITEM NO.102 COURT NO.13 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 4865/2009
LALJI CHOUBEY (DEAD) THR. LRS. Appellant(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(PART-HEARD BY HON'BLE SANJAY KISHAN KAUL AND HON'BLE K.M.
JOSEPH ,JJ. )
Date : 01-08-2019 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE K.M. JOSEPH
For Appellant(s) Mr. Jitendra Mohan Sharma, Sr. Adv.
Mr. Pradeep Kumar Kaushik, Adv.
Dr. Sunil Kumar, Adv.
Mr. B. K. Satija, AOR
Mr. Rajiv Mangla, AOR
Mr. Pranshu Kaushal, Adv.
For Respondent(s) Mr. R.K. Rathore, Adv.
Mr. Rahul Kaushik, AOR
UPON hearing the counsel the Court made the following
O R D E R
The ineptness of the Government authorities in handling this litigation is writ large on its face.
On a query, it is not even known whether any counter affidavit was filed in opposition to the Writ Petition. The Officer appearing before us is unaware of it. Similarly, whether any affidavit was filed before the Division Bench in the appeal is also not known. Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2019.08.03 12:26:21 IST Reason: The records produced before us show that pages 37-38 exist in the record. However, it is now sought to be contended that the document at page 38 is apparently fabricated document inserted in 2 the record and that the case number stated does not pertain to the appellant(s) or to anyone else.
It is now submitted that enquiry has been ordered by the District Magistrate in this behalf.
It is also submitted that insofar as the revenue records are concerned, there is some land vested in the Government and some with the private parties, of which no clear picture emerges before us.
On query, it is informed that the enquiry would be completed in a period of two weeks from today.
We cannot proceed further with the hearing in this matter unless these aspects are clarified. We direct a comprehensive affidavit to be filed in respect of all those aspects within four weeks after full examination of the records with advance copy to learned counsel for the appellant(s).
If any affidavit on behalf of the appellant(s) is to be filed in response to the affidavit aforesaid, the same should be filed within two weeks thereafter.
We deem it appropriate that the Chief Secretary, Madhya Pradesh should look into this aspect for appropriate action and a copy of this order be accordingly sent to the Chief Secretary.
List on 17.09.2019 as part heard.
(ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER