Madhya Pradesh High Court
Manik Rao(Dead) Through His Legal Hear ... vs The State Of Madhya Pradesh on 13 October, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 13th OF OCTOBER, 2022
WRIT PETITION No. 15352 of 2016
BETWEEN:-
MANIK RAO(DEAD) THROUGH HIS LEGAL
HEAR DR. BABUNANDAN MANIK RAO NIKOSE
S/O LATE SHRI MANIK RAO, AGED ABOUT 60
YE A R S , E-102/3, SHIVAJI NAGAR, BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AWADHESH KUMAR SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPT.
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. REGISTRAR BOARD OF REVENUE JABALPUR
DIVISION (MADHYA PRADESH)
3. ADDITIONAL COMMISSIONER JABALPUR
D I V I S O N JABALPUR DIVISION (MADHYA
PRADESH)
4. SUB DIVISIOANL OFFICER CHHINDWARA
CHHINDWARA (MADHYA PRADESH)
5. NAIB TAHSILDAR SAUSAR CHHINDWARA
(MADHYA PRADESH)
6. SUBHADHRA W/O LATE MAHADEV RAO
Signature Not Verified
SAN
GAJBHIYE SITAPAR (SHEMDA) THE. SAUNSAR
(MADHYA PRADESH)
Digitally signed by DHEERAJ PRATAP
SINGH
Date: 2022.10.13 18:49:36 IST
7. BHIM RAO S/O MAHADEV RAO GAJBHIYA
2
SITAPAR (SHEMDA) THE. SAUNSAR (MADHYA
PRADESH)
8. YOGESH S/O MAHADEV RAO GAJBHIYA
SITAPAR (SHEMDA) THE. SAUNSAR (MADHYA
PRADESH)
9. SHAM RAO S/O MAHADEV RAO GAJBHIYA
SITAPAR (SHEMDA) THE. SAUNSAR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI ABHAY RAJ SINGH - FOR RESPONDENT NOS.6 TO 9 AND
SHRI DILIP PARIHAR - PANEL LAWYER)
This petition coming on for admission and interim relief this day, the
court passed the following:
ORDER
Heard finally with the consent of the parties.
In this petition, filed under Article 227 of the Constitution of India, the petitioner has assailed the orders dated 04.08.2005 (Annexure P/5), 05.08.2013 (Annexure P/6) and 06.06.2016 (Annexure P/7) whereby the application filed under Section 110 read with Section 32 of the M.P. Land Revenue Code allowed by the Tahsildar has been reversed by the Sub Divisional Officer, Additional Commissioner and Board of Revenue. Hence, this petition.
At the outset, learned counsel for the respondent Nos.6 to 9 submitted that since dispute is in respect of succession to property left behind by the deceased, right of title and inheritance in respect of the suit property, this Court cannot go into the disputed questions of fact for determination of the title of suit property. However, the petitioner would be free to determine his rights from the competent Court of Civil jurisdiction.
Signature Not VerifiedIn view of the aforesaid, this Court finds force in the submissions of the SAN Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.10.13 18:49:36 IST learned counsel for the respondents. Therefore, this Court is unable to entertain 3 the writ petition on merits.
Accordingly, this petition is disposed of with liberty to the petitioner to approach before the competent Civil Court having jurisdiction in the matter.
Certified copy as per Rules.
(S. A. DHARMADHIKARI) JUDGE DPS Signature Not Verified SAN Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.10.13 18:49:36 IST