Madhya Pradesh High Court
Yusuf Khan vs The State Of Madhya Pradesh on 7 January, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:409
1 MP-1009-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 7 th OF JANUARY, 2025
MISC. PETITION No. 1009 of 2022
YUSUF KHAN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Janak Lal Soni, Advocate for the petitioner.
Shri Piyush Bhatnagar, Panel Lawyer for the respondent - State.
Ms. Sanjana Sahni, Advocate for respondents No. 5 to 22.
ORDER
Petitioner is aggrieved of the order dated 25.01.2022, passed by learned Collector, Chhindwara, affirming the orders of the concerned Sub Divisional Officer, who had passed order dated 30.03.2021, rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'CPC' for short) read with Section 32 of M.P. Land Revenue Code (hereinafter referred to as 'MPLRC' for short).
However, learned Court of first instance had granted liberty to the petitioner to raise all objections in its written statement.
When this Court wanted to know from Shri J.L. Soni, learned counsel for the petitioner that as to whether the provisions contained in Order 7 Rule 11 CPC are applicable to the revenue proceedings, he submits that Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 07-01-2025 19:15:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:409 2 MP-1009-2022 application was filed under Order 7 Rule 11 & Section 151 CPC read with Section 32 of MPLRC.
On perusal of Section 32 of MPLRC, it deals with inherent powers of Revenue Courts. Whether the inherent powers will include dismissal of a case on an application under Order 7 Rule 11 CPC, is the issue which has been posed before this Court.
Shri J.L. Soni, learned counsel for the petitioner is not in a position to satisfy the Court that said provision is applicable to the proceedings before the Revenue Courts.
Once there is no material on record to show that proceedings under Order 7 Rule 11 CPC are applicable to the Revenue Courts, the impugned orders when tested cannot be faulted with.
Accordingly, petition fails and is dismissed.
(VIVEK AGARWAL) JUDGE A.Praj.
Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 07-01-2025 19:15:49