Ramji Lal vs The State Of Madhya Pradesh
2022 Latest Caselaw 6196 MP

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               HIGH COURT OF MADHYA PRADESH
                            W.P.No.8346/2022
              (Ramji Lal Vs. The State of M.P. & Others)

Gwalior Bench : Dated : 26.04.2022

      Shri Dharmendra Nayak, learned counsel for the petitioner.

      Shri Neelesh Singh Tomar, learned Govt. Advocate for the State.

      The present petition has been filed by the petitioner under

Article 226 of the Constitution of India seeking following reliefs:-

            "(i)     That, the impugned order dated
            16.09.2021 Annexure P/1 may kindly be set
            aside.
            (ii)     That, the respondent Tehsildar may

kindly be directed to compliance of the order and decree dated 18.07.2018 passed by the trial Court.

(iii) That, the other relief doing justice including cost be awarded."

It is the submission of learned counsel for the petitioner that he

moved an application under Section 32 of Madhya Pradesh Land

Revenue Code (MPLRC) before the Tehsildar, Pohari, District Shivpuri

but the same has been rejected. It is the submission of learned counsel

for the petitioner that agriculture by land survey number as referred in

the petition at Village Randheer, Tehsil Pohari, District Shivpuri

admeasuring 2.59 Hectare was a joint family property in which

petitioner received 1/6 share as per the judgment and decree dated

18.07.2018 passed by the Sixth Additional Sessions Judge, District

Shivpuri in First Appeal No.400002/2016. The said first appeal was

HIGH COURT OF MADHYA PRADESH W.P.No.8346/2022 (Ramji Lal Vs. The State of M.P. & Others)

preferred by the petitioner as plaintiff against the judgment and decree

dated 30.11.2015 passed by the Civil Judge Class-I, Pohari, District

Shivpuri in Civil Suit No.10-A/2015 was dismissed. Since the first

appellate Court allowed the first appeal preferred by the petitioner as

appellant and set aside the judgment and decree passed by the trial

Court, therefore, he is entitled to get the said land mutated in his name

in revenue record but on this application so preferred which has been

observed by the trial Court that Second Appeal No.2080/2018 is

pending which has been preferred by Shivcharan

(respondent/defendant).

Learned counsel for the State opposed the prayer and prayed for

dismissal of the petition.

Heard the learned counsel for the parties and perused the

documents appended thereto.

This is the case where petitioner is seeking change of name in

revenue record on the basis of judgment and decree dated 18.07.2018

passed by the first appellate Court (the Sixth Additional Sessions

Judge, District Shivpuri). It is true that the second appeal is pending

but from the order sheets dated 12.09.2018 filed by the petitioner as

Annexure P/4, it appears that notice was issued. Purportedly, it appears

that no interim order has been passed. Therefore, the Tehsildar erred in

passing the impugned order and did not consider the said factd and

HIGH COURT OF MADHYA PRADESH W.P.No.8346/2022 (Ramji Lal Vs. The State of M.P. & Others)

nowhere referred under what provisions he is prevented to make entry

in the revenue record.

Resultantly, the impugned order dated 16.09.2021 (Annexure

P/1) is set aside and petitioner is directed to submit a copy of fresh

application before the Tehsidar and Tehsildar shall inquire that if any

interim order has been passed or not, then the Tehsildar shall decide the

same in accordance with law taking into the account all relevant

provisions of law and thereafter decide the application afresh by

passing a reasoned order.

Petition stands disposed of.

                                                         (Anand Pathak)
AK/-                                                         Judge
   ANAND KUMAR
   2022.04.28
   10:06:48 +05'30'