Supreme Court - Daily Orders
Mahaveer Prasad vs The State Of Madhya Pradesh on 19 October, 2023
Bench: C.T. Ravikumar, Sanjay Kumar
ITEM NO.16 COURT NO.16 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 41278/2023
(Arising out of impugned final judgment and order dated 15-06-2023
in MP No. 2544/2021 passed by the High Court Of M.p At Gwalior)
MAHAVEER PRASAD Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH & ANR. Respondent(s)
( IA No.213438/2023-CONDONATION OF DELAY IN FILING and IA
No.213440/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No.213432/2023-EXEMPTION FROM FILING O.T. )
Date : 19-10-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
HON'BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s)
Ms. Christi Jain, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Learned counsel for the petitioner seeks leave to this Court to challenge the order passed in Miscellaneous Petition No.2544 of 2021 by the High Court of Madhya Pradesh at Gwalior.
Heard learned counsel for the petitioner. A scanning of the impugned order would reveal that the foundation for the impugned order is the finding that the patta which was granted in respect of Signature Not Verified Digitally signed by GEETA AHUJA Date: 2023.10.19 the subject land is not transferable.
16:53:16 IST
Reason: The learned counsel for the
petitioner submitted that the position in terms of Section 164 of
...2/-
-2-
the Madhya Pradesh Land Revenue Code, 1959 (for short ‘the Code’) was not considered by the High Court. That apart, it is submitted that the patta in question itself contained a clause viz., in paragraph 4 which is in consonance with Section 164 of the Code. Learned counsel further submitted that though the cancellation of patta was on the ground of non-cultivation, the contentions raised against it, was not considered. We are of the considered view that in the facts and circumstances of the case, arising from such submissions, it would be open to the petitioner to approach the High Court seeking review of the impugned order. We make it clear that we have not made any observation on merits. With the aforesaid liberty, the Special Leave Petition is disposed of. Pending application(s), if any, shall also stand disposed of. It is made clear that in case of adverse order, the petitioner would be at liberty to approach this Court.
(HEMALATHA MOHAN) (MATHEW ABRAHAM) P.S. to REGISTRAR COURT MASTER (NSH)