Ramanand Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 9936 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 19th OF JULY, 2022

                    WRIT PETITION No. 16185 of 2022

         Between:-
         RAMANAND     SHARMA S/O LATE SHRI
         CHATURBHUJ SHARMA, AGE- 70 YEARS,
         OCCUPATION: AGRICULTURIST, R/O ATER
         ROAD, BHIND (MADHYA PRADESH)

                                                                .....PETITIONER
         (BY SHRI R.K.SONI - ADVOCATE)

         AND

1.       STATE OF MADHYA PRADESH THROUGH ITS
         REVENUE SECRETARY, VALLABH BHAWAN
         BHOPAL (MADHYA PRADESH)

2.       C O L L E C T O R BHIND,       DISTRICT   BHIND
         (MADHYA PRADESH)

3.       FOREST CONSERVATOR FOREST DEPARTMENT
         VAN MANDAL, DISTRICT BHIND (MADHYA
         PRADESH)

                                                             .....RESPONDENTS
         (BY SHRI N.S.TOMAR - GOVERNMENT ADVOCATE )

      Th is petition coming on for hearing this day, th e court passed the
following:
                                    ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(i) That, the petition filed by the petitioner may kindly be allow and the respondents authorities be directed to consider the application submitted by the petitioner as Annexure P/1 to P/6 in the interest of justice.

(ii) That, any other relief in the facts of the case may kindly be allowed in favour of the petitioner in the interest of Justice.

(iii) That, the Hon'ble Court may be pleased to award the entire cost of the petition.

It is submitted by the counsel for the petitioner that the petitioner had filed a suit for declaration of title and permanent injunction as well as for correction of revenue record. The said suit was decreed by judgment and decree dated 28/10/2010 passed by First Additional Civil Judge to the Court of First Civil Judge, Class-II, Bhind in Civil Suit No. 58-A/2009. The said judgment and decree was confirmed by judgment and decree dated 15/03/2011 passed by Additional Judge to the Court of Sixth Additional District Judge (F.T.C.) Bhind in Civil Appeal

No.28/2010. The Second Appeal No.59/2016 filed by Anjuman Islam Intajamiya

Committee was also dismissed in default by order dated 28/03/2016.

Thus, there is an authoritative declaration by the Civil Court that the petitioner is the owner of the land in dispute despite that forest department is interfering in his possession and accordingly, he has made a representation to the Collector as well as to the Divisional Forest Officer, Forest Division, Bhind but heed has been paid.

Considered the submissions made by the counsel for the petitioner. By this petition, the petitioner in fact is seeking execution of the judgment and decree passed in civil suit. The petitioner has an efficacious remedy of instituting the execution proceedings.

With aforesaid liberty, the petition is finally disposed of.

Digitally signed by PRINCEE BARAIYA Date: 2022.07.20 10:42:44 (G.S. AHLUWALIA)

-07'00' JUDGE Pj'S/-