Smt Goma Alias Gomti W/O Shri ... vs Smt Kasturi Bai
2021 Latest Caselaw 5221 MP

                       HIGH COURT OF MADHYA PRADESH,
                             BENCH AT GWALIOR
                               W.P.No.16935/2021
                    ( Smt.Goma @ Gomti Vs. Smt. Kasturi Bai and others )
                                                (1)

             Gwalior, dated : 08.09.2021

                   Shri K.S.Tomar, learned senior counsel with Shri S.S.Tomar,

             learned counsel for the petitioner through video conferencing.

                   I.A.No.11404/2021, an application for urgent hearing is

             considered and allowed.

                   Heard on the question of admission and interim relief.

                   Issue notice to the respondents on payment of process fee by

RAD mode within seven working days, failing which this petition

shall stand dismissed without further reference to the Court. Notices

be made returnable within four weeks.

Learned senior counsel for the petitioner submitted that the

revenue authority has no jurisdiction to pass the injunction order

either under Section 32 or 43 of the M.P.Land Revenue Code in view

of the judgment of this Court passed in the case of Maya

Lalchandani (Mrs.) and others v. Board of Revenue and others

reported in 2009 (3) MPLJ 660.

In the meanwhile, the impugned order dt.23.08.2021

(Annexure P/1), so far as it relates to grant of injunction with regard

to alienation of the property in question, shall not be given effect till

next date of hearing.

List this case after four weeks.

(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2021.09.09 11:57:47 +05'30'