Madhya Pradesh High Court
Saroj Pandey vs Omprakash Pandey on 2 May, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 2 nd OF MAY, 2023
MISC. PETITION No. 2751 of 2020
BETWEEN:-
1. SAROJ PANDEY W/O HEMRAJ PANDEY, AGED
ABOUT 45 YEARS, OCCUPATION: HOUSE WIFE,
R/O VILLAGE MASMASSI KHERA, WARD NO.3,
BIRSINGHPUR DISTT. SATNA (MADHYA
PRADESH)
2. RUKMANI PANDEY W/O RAJENDRA PRASAD
PANDEY, AGED ABOUT 40 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE MASMASSI KHERA WARD
NO. 3 BIRSINGHPUR, DISTT. SATNA (MADHYA
PRADESH)
3. SAROJ PANDEY W/O SURENDRA KUMAR PANDEY,
AGED ABOUT 35 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE MASMASSI KHERA WARD
NO. 3 BIRSINGHPUR, DISTT. SATNA (MADHYA
PRADESH)
4. SURESH PRASAD PANDEY S/O R.B PANDEY, AGED
ABOUT 60 YEARS, OCCUPATION: AGRICULTURE
VILLAGE MASMASSI KHERA WARD NO. 3
BIRSINGHPUR, DISTT. SATNA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI AJAY PAL SINGH - ADVOCATE)
AND
1. OMPRAKASH PANDEY S/O K.P. PANDEY
OCCUPATION: AGRICULTURIST VILLAGE
MASMASSI KHERA WARD NO.3 BIRSINGHPUR
DIST. SATNA (MADHYA PRADESH)
Signature Not Verified
SAN
2. SUB DIVISIONAL OFFICER SATNA MAJHGAWAN
DISTT.SATNA (MADHYA PRADESH)
Digitally signed by TULSA SINGH
Date: 2023.05.02 19:03:00 IST
3. TEHSILDAR SATNA BIRSINGHPUR DISTT.SATNA
2
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VINOD KUMAR DUBEY - ADVOCATE FOR RESPONDENT NO.1
AND SHRI VIJAY KUMAR SHUKLA - PANEL LAWYER FOR
RESPONDENTS NO.2 AND 3)
MISC. PETITION No. 2748 of 2020
BETWEEN:-
1. SAROJ PANDEY W/O HEMRAJ PANDEY, AGED
ABOUT 45 YEARS, OCCUPATION: HOUSE WIFE
VILLAGE MASMASSI KHERA WARD NO.3
BIRSINGHPUR, DISTTT. SATNA (MADHYA
PRADESH)
2. RUKMANI PANDEY W/O RAJENDRA PRASAD
PANDEY, AGED ABOUT 40 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE MASMASSI KHERA WARD
NO.3 BIRSINGHPUR, DISTT. SATNA (MADHYA
PRADESH)
3. SAROJ PANDEY W/O SURENDRA KUMAR PANDEY,
AGED ABOUT 35 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE MASMASSI KHERA WARD
NO.3 BIRSINGHPUR, DISTT. SATNA (MADHYA
PRADESH)
4. SURESH PRASAD PANDEY S/O R.B PANDEY, AGED
ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST
VILLAGE MASMASSI KHERA WARD NO.3
BIRSINGHPUR, DISTT. SATNA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI AJAY PAL SINGH - ADVOCATE)
AND
1. BALRAM PANDEY S/O KAMLA PRASAD PANDEY
OCCUPATION: AGRICULTURIST VILLAGE
MASMASSI KHERA WARD NO.3 BIRSINGHPUR
TEHSIL BIRSINGHPUR DISTT. SATNA (MADHYA
PRADESH)
Signature Not Verified
SAN 2. SUB DIVISIONAL OFFICER MAJHGAWAN SATNA
(MADHYA PRADESH)
Digitally signed by TULSA SINGH
Date: 2023.05.02 19:03:00 IST
3. TEHSILDAR BIRSINGHPUR, DISTT. SATNA
3
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VINOD KUMAR DUBEY - ADVOCATE FOR RESPONDENT NO.1
AND SHRI VIJAY KUMAR SHUKLA - PANEL LAWYER FOR
RESPONDENTS NO.2 AND 3)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners' contention is that one Shri Suresh Prasad Pandey, S/o Ram Bihari Pandey lhad moved an application for demarcation of land contained in Survey No.144/B, 144/ka/1/ka/1/1 and 144/ka/1/ka/1/1/2 for which Tahsildar, Majhgawan, Distt. Satna constituted a team on 16/01/2019 in terms of the directions of the Sub Divisional Officer, Majhgawan, Distt. Satna. Thereafter Revenue Inspector vide order contained in Annexure-P/4 informed Sub Divisional Officer that demarcation cannot be carried out on account of pendency of civil suit in the Court of 3rd Civil Judge Class-I, Satna and 4th Civil Judge Class-1, Satna. This fact was though brought to the notice of the Sub Divisional Officer, Majhgawan yet Tahsildar, Tahsil, Birsinghpur, Distt. Satna vide order dated 01/04/2019 as contained in Annexure-P/6 noted that demarcation was already carried out on 14/01/2019. It is submitted that this order is upheld by Sub Divisional Officer vide order dated 11/9/2020 (Annexure-P/8). It is submitted that when Tahsildar had himself constituted a team for demarcation on 16/1/2019, then no demarcation could have taken place on 14/1/2019, therefore, the whole proceedings are fast which reflects collusion of the revenue authorities.
Signature Not Verified SANShri Vijay Kumar Shukla, learned Panel Lawyer for the State, is not in a Digitally signed by TULSA SINGH position to justify the orders passed by the Tahsildar and Sub Divisional Officer Date: 2023.05.02 19:03:00 IST 4 in view of the factual background.
Shri Vinod Kumar Dubey, learned counsel for respondent No.1, opposes the prayer for any indulgence.
After hearing learned counsel for the parties and in the aforesaid factual backdrop, when team was constituted for demarcation on 16/01/2019, there could not have been any demarcation carried out on 14/01/2019 as is mentioned by the Tahsildar, Majhgawan. However, there appears to be twist in the matter inasmuch as team was constituted by Tahsildar, Majhgawan vide order dated 16/1/2019 whereas report (Annexure-P/6 is by the Tahsildar, Birsinghpur, Distt. Satna.
Thus, there is a twist in the case. Petitioners are trying to place reliance on the team constituted by Tahsildar, Tahsil Majhgawan whereas admittedly land in question is at Village Jamunihai, Birsinghpur, therefore, orders of Tahsildar, Majhgawan as contained in Annexure-P/3 appears to be without any authority and in view of said facts, it cannot be said that order of the Tahsildar, Birsinghpur as contained in Annexure-P/6 is wholly erroneous. Its a matter which is factual in aspect that whether any demarcation had taken place as per the orders of Tahsildar, Birsinghpur who was actually authorised to direct demarcation of the land falling within the jurisdiction of Tahsildar, Birsinghpur, therefore, when tested from this angle, it appears that petitioner has a remedy of challenging the order of Sub Divisional Officer, Majhgawan, Distt. Satna dated 11/9/2020 in appropriate proceedings as provided the MPLRC.
Accordingly, both these petitions are devoid of merit and are hereby dismissed.
Signature Not Verified SANIt is made clear that dismissal of these petitions will not cause any Digitally signed by TULSA SINGH Date: 2023.05.02 19:03:00 IST prejudice to the right of the petitioners seeking remedy under MPLRC.
5(VIVEK AGARWAL) JUDGE ts Signature Not Verified SAN Digitally signed by TULSA SINGH Date: 2023.05.02 19:03:00 IST