Madhya Pradesh High Court
Ajay Kumar vs Shyam Sundar on 15 June, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 15 th OF JUNE, 2023
MISC. PETITION No. 913 of 2023
BETWEEN:-
1. AJAY KUMAR S/O RAJMAL PATIDAR, AGED
ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE TUMDA, TAHSIL HUZUR DISTRICT
BHOPAL (MADHYA PRADESH)
2. BHUSHAN S/O GULABCHAND PATIDAR, AGED
ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE TUMDA, TAHSIL HUZUR, DISTRICT
BHOPAL (MADHYA PRADESH)
3. NARMADA S/O GULABCHAND PATIDAR, AGED
ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE TUMDA, TAHSIL HUZUR, DISTRICT
BHOPAL (MADHYA PRADESH)
4. GHANSHYAM S/O GULABCHAND PATIDAR, AGED
ABOUT 42 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE TUMDA, TAHSIL HUZUR, DISTRICT
BHOPAL (MADHYA PRADESH)
5. RAJNIKANT S/O RAJMAL PATIDAR, AGED ABOUT
38 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE TUMDA, TAHSIL HUZUR, DISTRICT
BHOPAL (MADHYA PRADESH)
6. AKSHAY S/O BHUSHAN PATIDAR, AGED ABOUT 28
Y E A R S , OCCUPATION: AGRICULTURIST R/O
VILLAGE TUMDA, TAHSIL HUZUR, DISTRICT
BHOPAL (MADHYA PRADESH)
7. SMT. KASHI BAI W/O LATE RADHEKISHAN
PATIDAR, AGED ABOUT 60 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE TUMDA, TAHSIL
HUZUR, DISTRICT BHOPAL (MADHYA PRADESH)
.....PETITIONERS
(BY SMT.TULIKA GULATI - ADVOCATE)
Signature Not Verified
Signed by: HEMANT SARAF
Signing time: 15-06-2023
19:13:04
2
AND
1. SHYAM SUNDAR S/O LT. THAKUR PRASAD
PATIDAR R/O VILLAGE TUMDA, TAHSIL HUZUR
BHOPAL (MADHYA PRADESH)
2. T E H S I L D A R , B H O P A L DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(NONE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 227 of the Constitution of India has been filed seeking the following reliefs :-
i) The Hon'ble Court may kindly be pleased to direct the respondent no.2 to initiate appropriate proceedings and dispose of the revenue Case No.02/A-13/2018-19 within 30 days in accordance with order of remand dated 8.1.2021 in the interest of justice.
ii) Any other relief as deemed fit may also be granted to the petitioner.
2. It is submitted by counsel for the petitioner that the petitioner had filed an application under section 131 of the M.P.L.R.Code before the Tahsildar, Huzur, District Bhopal which was registered as Revenue Case No.02/A- 13/2018-19. The same was allowed by order dated 4.3.2020.
3. Being aggrieved by the said order, the respondent preferred an appeal which was disposed of by the appellate authority by order dated 8.1.2021 and the matter was remanded back to the Tahsildar, Huzur, District Bhopal to decide the application afresh after conducting fresh enquiry. However, the matter is pending before the Tahsildar and no action is being taken.
Signature Not Verified Signed by: HEMANT SARAF Signing time: 15-06-2023 19:13:04 34. Heard the learned counsel for the petitioner.
5. Although the petitioner has not filed copy of the order-sheets of the Court of Tahsildar, Huzur, District Bhopal; but, at present there is no reason to disbelieve the contention of the petitioner that the matter is still pending after remand.
6. Accordingly, this petition is disposed of with direction to the Tahsildar, Huzur, District Bhopal that in case if the application filed under section 131 of the M.P.L.R.Code is still pending after remand by the S.D.O. Revenue, Tahsil Huzur, District Bhopal, then the same shall be decided as expeditiously as possible preferably within a period of three months from the date of filing of an application for urgent hearing along with certified copy of this order.
(G.S. AHLUWALIA) JUDGE HS Signature Not Verified Signed by: HEMANT SARAF Signing time: 15-06-2023 19:13:04