Madhya Pradesh High Court
Sarpanch,Grampanchayat-Mohad,Kareli vs Durga Singh & Anr on 10 November, 2014
1
SA No.613 of 2003
10.11.2014
Shri S.K.Garg, counsel for the appellant.
Having heard on the question of admission, after perusing
the record and the impugned judgment, this appeal is admitted for
hearing on the following substantial questions of law :-
1. Whether in the absence of any
statutory notice as per requirement of the
Panchayat Raj Avam Gram Swaraj
Adhiniyam to the appellant by the
respondents, the impugned suit filed for
declaration and perpetual injunction was entertainable. If not then effect ?
2. Whether the impugned judgment and decree of the appellate court decreeing the suit of the respondents for declaration and perpetual injunction with respect of Nistar land of the village by setting aside the judgment and decree of the trial court dismissing the aforesaid suit, is sustainable under the law ?
3. Whether in the available factual matrix of the case, the impugned suit of the respondents being filed without impleading the State of M.P. As party, was not entertainable. If so then effect ?
4. Whether the appellate court has committed error in declaring the right of the appellant to carry out the agricultural activities over the disputed part of Nistar land, is sustainable under the law ?
5. Whether in the absence of any Patta or any other admissible document with respect of the disputed Nistar land in favor of the respondents, the appellate court has committed grave error in decreeing the suit ?
2 SA No.613 of 2003Let notice of this admission along with the copy of aforesaid substantial question of law, returnable within 3 weeks, be issued to the respondents. Necessary steps along with requisites of the registered post be taken within 7 working days, failing which this appeal shall stand dismissed automatically without further reference to the bench.
Case be listed for further orders on the date which is so mentioned on the aforesaid notices.
C.C. as per rules.
(U.C.Maheshwari) Judge MKL