Madhya Pradesh High Court
Pop Singh vs The State Of Madhya Pradesh on 12 February, 2018
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
SA No.75/2017
Indore: 12.02.2018
Shri A.S Parihar, learned counsel for th appellant.
Shri Vibhor Khandelwal, learned counsel for the
respondent/State.
Arguments heard.
Reserved for orders.
(Subodh Abhyankar) Judge Sourabh Digitally signed by SOURABH YADAV Date: 2018.05.03 13:38:04 +05'30' HIGH COURT OF MADHYA PRADESH BENCH AT INDORE SA No.75/2017 (Pop Singh Vs. State of MP) Indore: 12.02.2018 Shri A.S Parihar, learned counsel for th appellant. Shri Vibhor Khandelwar, learned counsel for the respondent/State.
Heard on the question of admission. Learned counsel for the appellant submited that this second appeal has been filed against the judgment and decree dated 05.11.2016 passed by Additional District Judge, Indore in Civil Appeal No.9-A/2015 arising out of judgment and decree dated 29.01.1996 passed by Civil Judge, Class I, Depalpur District Indore in Civil Suit No.8-A/2002, whereby both the courts have dismissed the civil suit of the appellants/plaintiffs regarding their concurrent finding of fact.
Learned counsel for the appellants have submited that the appellants had filed a civil suit for declaration and permanent injunction against the respondents/defendants in respect of the property, a land situated at survey no.543 and 544 admeasuring 4.306 Hectare on which the plaintiffs and his forefathers have been continously engaged in agriculture since 1950. Thus, the appellants have claimed Bhumiswami right in terms of Provision of Madhya Pradesh Krishi Prayojan Ki Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradhan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984 on the aforesaid land on the ground that he has been issued various penalty receipts which have also been filed on record as Exhibit P/1 to P/4 dated 30.08.1983 to 22.06.1998.
Learned counsel for the appellants submited that the penalty receipts clearly demonstrate that the appellants were occupying the disputed land since 1983 and from time to time by issuing all penalty receipts to him the plaintiffs have made themselves entitled to the protection.
Heard learned counsel for the appellants and perused the record.
From the record it is apparent that, although appellants/plaintiffs have produced the receipts of penalty imposed upon them or their decedents but in the aforsaid penalty receipts it is no where mentioned that for what purpose the same has been issued. The appellants have also not examined any government officer/Tehsildar which could depose the occasion to issue such penalty receipts and in the absence of any such evidence on record, merely on the basis of the averments made by the appellants/plaintiffs in his plaint without being supported by conjent evidence, in considered opinion of this court, no case for interference is made out and the orders passed by both the courts below cannot be faulted with. The appeal does not involve substantial question of law and the same is being devoid of merits and his hereby dismissed.
Admission is declined.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 5888/2016 Indore: 12.02.2018 Parties through their counsel. Since the pleading are completed and very short points are involved, the matter may be heard finally at the motion hearing stage.
Let the matter be listed in the week commencing 16th February, 2018.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE Conc No. 522/2017 Indore: 12.02.2018 Shri Kishori Lal Purohit, learned counsel for the applicant. Heard on the question of admission. In the persent case, the applicant is aggrieved with the order dated 11.02.2017 passed by this court in WP No.1029/2016. Relevant paragraph of which reads as under:-
"In view of the aforesaid, the recovery order dated 14.08.2014 (Annexure P/3) is set aside. The respondents are directed to refund the amount of Rs.1,61,607/- to the petitioner within a period of sixty days from the date of production of certified copy of this order"
Learned counsel for the applicant has further submitted that the order dated 11.02.2017 was commuicated to the respondent on 21.02.2017 who is also respondent no.5 in the present contempt petition but till date the aforesaid order has not been complied with.
In these circumstance, the respondent/s are given one more opportunity to comply with the order dated 11.02.2017 passed in WP No.1029/2016 within further four weeks time from the date of receipt of its certified copy of this order. It is made clear that if the respondents do not comply with the present order, and the applicant is again compelled to file another contempt petition, then cost of this petition as also the subsequent contempt petition may be recovered from the concerned respondents.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1458/2013 Indore: 12.02.2018 Appellant through counsel. Service of notice to the respondent is awaited. List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1419/2013 Indore: 12.02.2018 None for the appellant.
Shri Rajesh Chourasiya, learned counsel for the respondent No.3.
There is a delay of 79 days in payment of process fee. The delay of 79 days is hereby condoned. Office is directed to issue notice to the respondent nos.1 and 2 on payment of PF within a week; returnable within four weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1437/2013 Indore: 12.02.2018 Appellant through counsel. Learned counsel for the appellant prays for a week's time to file appropriate application in respect of court fee default pointed out by the office.
List the matter after a week.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1471/2013 Indore: 12.02.2018 Parties through their counsel. Heard on IA No.10218/2014, which is an application for reduction of valuation.
Learned counsel for the appellant prays for withdrawal of IA No.10218/2014.
Prayer allowed.
Accordingly, the IA No.10218/2014 is dismissed as withdrawn.
List thereafter.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1523/2013 Indore: 12.02.2018 None for the appellant.
In the absence of learned counsel for the appellant, the case is adjourned.
List the matter after a week.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1604/2013 Indore: 12.02.2018 Shri Hemant Vaishnav, learned counsel for the appellant.
Learned counsel for the appellant prays for a week's time to file appropriate application for service of the respondent Nos.1 and 2, who are still unserved.
Prayer allowed.
List the matter after a week.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1631/2013 Indore: 12.02.2018 None for the appellant.
Learned counsel for the appellant is directed to take appropriate steps to ensure proper service to the unserved respondents.
List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No.1641/2013 Indore: 12.02.2018 None for the appellant.
Shri Sudhir Dandwate, learned counsel for the respondent No.2.
Let the matter be listed before the ensuing Lok Adalat.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1659/2013 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the appellant prays for and is granted a week's time to amend the appeal memo.
prayer allowed.
List the matter after a week.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1719/2013 Indore: 12.02.2018 None for the parties.
The appeal is admitted for final hearing. List the matter in due course.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1725/2013 Indore: 12.02.2018 None for the parties.
Learned counsel for the appellant is directed to take appropriate steps for proper service to the unserved respondents.
List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 17596/2017 Indore: 12.02.2018 List along with WP No.17594/2017.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 17594/2017 Indore: 12.02.2018 Parties through their counsel. Issue notice to the respondent on payment of PF within a week; returnable within four weeks.
The question of maintainability shall be maintained as observed by this court order dated 18.12.2017.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 19234/2017 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the petitioner prays for and is granted three weeks' time to file reply.
Prayer allowed.
List the matter after three weeks. IR to continue till the next date of hearing.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 488/2018 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the respondent no.2 has already filed reply.
Rejoinder to the said reply has also been filed. Learned counsel for the respondent no.4 prays for further two weeks time to file reply.
Prayer allowed.
In the meantime, respondents are directed to accept the petitioner's application for the post of Assistant Professor and the result of the same shall not be declared without leave of this court.
List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 1624/2018 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the respondent again seeks two weeks time to take instructions as to why the interim pension of the petitioner has been withdrawn. If the instruction/return are not obtained by the next date of hearing this court shall pass an order on interim relief.
List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 5954/2014 Indore: 12.02.2018 Parties through their counsel. As prayed list the matter after four weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 2342/2015 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the petitioner submitted that no rejoinder is required to be filed.
In such circumstances, petition stands admitted. List the matter along with W.P No.7962/2014 in due course.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 1104/2016 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the respondent seek further six weeks time to file reply.
By way of last indulgence, further six weeks time is granted to the learned counsel for the respondent to file reply, failing which right to file reply shall be rejected.
List the matter after six weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 4816/2016 Indore: 12.02.2018 Parties through their counsel. Learned counsel for the respondent seek further six weeks time to file reply.
By way of last indulgence, further six weeks time is granted to the learned counsel for the respondent to file reply, failing which right to file reply shall be rejected.
List the matter after six weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No.7232/2016 Indore: 12.02.2018 Parties through their counsel. As prayed by learned counsel for the petitioner, list the matter after four weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 515/2017 Indore: 12.02.2018 List the matter before appropriate bench.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No. 688/2017 Indore: 12.02.2018 Parties through their counsel. As prayed four weeks time is granted to file rejoinder. List the matter after four weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.P No. 917/2017 Indore: 12.02.2018 Ms. Shanno Shagufta Khan, learned counsel for the petitioner.
Service report of respondent no.2 is still awaited. List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE MA No. 1068/2017 Indore: 12.02.2018 Petitioner through counsel. Heard on IA No.4332/2017, which is an application for condonation of delay of 45 days.
Considering the reason assigned in the application which is supported by affidavit and the casue shown by the appellant is appears to be sufficient, therefore, the application is allowed. Delay is condoned.
List for admission after two weeks. Learned counsel for the appellant is directed to supply a copy of the appeal memo as well as the impugned award to to Shri Sudhir Dandwate, learned counsel for the respondent.
(Subodh Abhyankar) Judge Sourabh HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No.1163/2017 Indore: 12.02.2018 Parties through their counsel. As prayed two weeks time is granted to the learned counsel for the petitioner to file rejoinder.
List the matter after two weeks.
(Subodh Abhyankar) Judge Sourabh