Jagdish Sharma vs Tolaram
2021 Latest Caselaw 5017 MP

                                                        1                              MCC-430-2021
                              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, 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 letter of permission 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 built over in Khasra No.74/4/4 and 74/4/3. Since land in question is built over in

said Khasra number and there was order of status-quo in second appeal, therefore, application filed by the respondents for partition of demarcation and partition 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, 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 order passed in second appeal is not disturbed while considering the Signature SAN Not application filed by them before Revenue Authority and permission has been Verified

Digitally signed by RASHMI RONALD VICTOR Date: 2021.09.03 17:26:20 IST 2 MCC-430-2021 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 and in view of same writ petition as well as MCC filed by the petitioners are disposed of with direction that no construction will be

made on the disputed land described in the plaint and respondents are free to make construction and do development of land in the rest part of Khasra No.74/4. The Land measuring 1000 Sq.ft. will be subject to final judgment and decree which will be 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
17:26:20 IST