Kalu Singh vs Maan Singh
2022 Latest Caselaw 1171 MP

                                    1
          The High Court Of Madhya Pradesh
                    MP No. 1420 of 2020
                        (KALU SINGH Vs MAAN SINGH AND OTHERS)

Indore, Dated : 25-01-2022
         Heard through Video Conferencing.

         Shri Adarsh Jain appeared for Petitioner.
         Heard on the question of admission.
         This petition has been filed under Article 227 of the Constitution of
India being aggrieved by the impugned order dated 24.12.2019 passed by
Additional Commissioner, Ujjain whereby the order dated 30.03.2019 passed

by SDO, Shujalpur, District Shajapur has been affirmed and by the order
dated 30.03.2019, the SDO has dismissed the appeal of the petitioner and
maintained the order dated 05.08.2017 passed by Tehsildar, Kalapipal,
District Shajapur.
         The facts in short are that the petitioner is having his land at village
Davladhir bearing Survey No.508/2 area 1.631 hectare. Respondent no.3 had

granted as 1/4 share in the partition from the land of the petitioner. Then respondent no.3 filed a civil suit for declaration, partition, mesne profit and permanent injunction against the petitioner, which was decreed vide judgment

and decree dated 18.04.1994 and it is directed that the respondent no.3 is entitled for partition of her share of 1/12, then respondent no.1 to 3 have filed an application under Section 178 of MPLRC for holding land bearing survey no.508/2 area 1.631 hectare. The application has been allowed by the trial court.

Learned counsel for the petitioner submits that the revenue authorities has not consider the material facts of the case and not considered the judgment and decree dated 18.04.1994 and only on the basis of affidavit and pleadings of respondent no.1, impugned order has been passed by the revenue authorities. The revenue authorities has committed gross error in passing the impugned order without considering the fact that spot inspection has not been carried out and no panchnama was prepared and without

considering the record of subordinate revenue authorities, the impugned orders have been passed and the same can not be sustained in the eyes of law. The petitioner is having agriculture land at survey no.508/2 area 1.631 hectare and he equally entitled to get the share as per the judgment and decree dated 18.04.1994, hence, he prayed that impugned orders dated 24.12.2019 and 30.03.2019 be set aside.

I have heard the learned counsel for the petitioner and perused the relevant documents filed by the petitioner.

On perusal of the impugned order passed by the Additional Commissioner, Ujjain it reveals that he has passed the detailed order by considering all the contentions raised by learned counsel for the petitioner. The impugned order is not contrary to the judgement and decree dated 18.04.1994 passed by Civil Judge, Class-I, Shujalpur. It is settled law that question of title can be examined by the Civil Court under competent jurisdiction and revenue authorities have no authority to decide the issue of title of the disputed land. In view of the above, the impugned order passed by SDO, Shujalpur is just and proper and by passing the impugned order, the Additional Commissioner, Ujjain has rightly affirmed the order passed by the SDO. Both the courts below have not committed any error in deciding the petitioner's application and have not committed any error in passing the impugned orders, therefore, I do not found any ground to interfere with the impugned orders. Accordingly, the miscellaneous petitioner is dismissed.

Certified copy, as per rules.

(ANIL VERMA) JUDGE

amit

Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA

AMIT PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06e d3c79a81bc156ec0309c5245d47a0a52604

KUMAR de, pseudonym=713D9BD68EDDADCD6B88D A2B1BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107E9 1326BC51DC9DCF83F25C9D67245FE3BCC FD0F2DB67, cn=AMIT KUMAR Date: 2022.01.25 19:02:54 +05'30'