Azam Hasan Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6470 MP

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                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     WP No. 4784 of 2022
                                    (AZAM HASAN KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      Dated : 29-04-2022
                            Shri Rajesh Pancholi, learned counsel for the petitioner.

                            Ms. Aishwarya Singh, learned Panel Lawyer for the State.
                            Petitioner has filed this writ petition under Article 226 of the Constitution of
                      India challenging order dated 28.6.2021 contained in Annexure P/9 and E-tender-
                      cum-E-Auction notice contained in Annexure P/10.
                            Counsel for the petitioner submitted that property in question is private

                      property of petitioner and First appeal regarding said property is pending before
                      this court in which direction of status quo was passed by this Court. Property in
                      civil suit is also property over which impugned order has been passed.             He
                      submitted that State Government has changed revenue entry and after changing
                      revenue entry has passed impugned order. It is submitted that petitioners are
                      owners of property in question and merely by changing revenue entry title of
                      petitioner cannot be changed and Collector had committed an error of law in
                      passing the impugned order and issuing E-auction notice in respect of property in
                      question.

                            On 11.3.2022, counsel for the State was directed to seek information
                      whether any sale deed has been executed pursuant to E-action notice or not. It is
                      submitted by her that as per information received no sale deed has been executed.
                            Counsel for the petitioner has also complied with order dated 11.3.2022 and
                      had filed copy of judgment and decree passed in civil suit. In said judgment and
                      decree property is shown in Schedule 4-A and Khasra Nos. 237, 238, 239, 240,
                      241 and 242 is also included. In respect of same khasra numbers, Collector has
                      passed the impugned order.
                            In view of the aforesaid facts and circumstances of the case, order dated
                      28.6.2021 is stayed and respondents are directed not to create any third party

interest in respect of property in question till the next date of hearing. Signature SAN Verified Not Counsel for the respondents are directed to file reply. Digitally signed by ARVIND KUMAR List the matter after four weeks. DUBEY Date: 2022.04.29 15:40:59 IST

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature SAN Not Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2022.04.29 15:40:59 IST