Purshottam Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 5016 MP

                                                         1                              WP-16125-2021
                                The High Court Of Madhya Pradesh
                                           WP-16125-2021
                          (PURSHOTTAM SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
                                                      MCC-430-2021
                                                      MCC-431-2021
                      2
                      Jabalpur, Dated : 03-09-2021
                              Heard through Video Conferencing.
                              Shri Siddharth Gulatee, learned counsel for the petitioners.
                              Shri Ankit Agrawal, learned Government Advocate for respondents

No.1 to 4.

Shri Sanajy K. Agrawal along with Sanjeev Tuli learned counsel for respondent No.7.

Shri Vasu Wasmani, learned counsel for respondent No.9. Petitioners have filed this writ petition challenging order dated 25/06/2021 contained in Annexure P/8. By said order, Collector, Bhopal, has issued NOC for setting up of retail dealership of Bharat Petroleum Company Limited. Petitioners have assailed the order of Collector on the ground that land in dispute i.e. Khasra No.74/4 measuring 1000 sq.ft. belonging to petitioners, Purushottam Sharma and Jagdish Sharma is included in Khasra

No.74/4/4 and 74/4/3. Since disputed land in question form part of both of said Khasra numbers and there was order of status-quo in second appeal, therefore, application filed by the respondents for partition and demarcation of land could not have been considered and order passed by the Collector dated 25/06/2021, contrary to interim order passed in S.A. No.1491/2017 and is illegal.

Counsel appearing for respondents No.7 & 9 made submissions that land of petitioners have clearly been identified. Boundaries of land belonging to petitioners have been mentioned in the plaint and map has also been filed before the Collector. The Collector has set apart 1000 sq.ft. of land, which belongs to petitioners as per identification made in plaint, therefore, interim Signature SAN Not order passed in second appeal is not disturbed while considering the Verified

Digitally signed by RASHMI RONALD VICTOR Date: 2021.09.03 17:26:29 IST 2 WP-16125-2021 application filed by them before Revenue Authority and permission has been granted in accordance with law.

Heard counsel for the parties.

Considering the fact that land of petitioners have been identified and petitioners have also pleaded in the plaint regarding the boundaries of land measuring 1000 sq.ft., therefore, writ petition as well as MCC filed by the

petitioners are disposed of with direction that no construction shall be made on the disputed land described in the plaint and respondents are free to make construction and do development over the rest part of Khasra No.74/4. The Land measuring 1000 Sq.ft. shall be subject to final judgment and decree passed in S.A. Nos.1491/2017 & 1493/2017.

Accordingly, this petition as well as MCC is disposed of.

                                                                            (VISHAL DHAGAT)
                                                                                 JUDGE


                      RS




Signature
 SAN      Not
Verified

Digitally signed by
RASHMI RONALD
VICTOR
Date: 2021.09.03
17:26:29 IST