M/S Rajkamal Builder Thr. Its ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 8550 MP

                              1

         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 28th OF JUNE, 2022

              WRIT PETITION NO.12548 OF 2022

      Between:-

      M/S    RAJKAMAL      BUILDER,
      THROUGH ITS PARTNER-KAMAL
      SHARMA, S/O-LATE SHRI RAMESH
      SHARMA,     AGED-71    YEARS,
      OCCUPATION - BUSINESS, R/O -
      BEHIND    RATAN   JYOTI  EYE
      HOSPITAL, VIKAS NAGAR, KILA
      ROAD,    GWALIOR     (MADHYA
      PRADESH).
                                              ........PETITIONER

      (BY SHRI SIDDHARTH SHARMA - ADVOCATE)

      AND

1.   STATE OF MADHYA PRADESH,
     THROUGH            PRINCIPAL
     SECRETARY, DEPARTMENT OF
     REVENUE, VALLABH BHAWAN,
     BHOPAL (MADHYA PRADESH).
2.   COLLECTOR GWALIOR, DISTRICT
     GWALIOR (MADHYA PRADESH).
3.   ADDITIONAL        COLLECTOR
     GWALIOR, DISTRICT GWALIOR
     (MADHYA PRADESH).
4.   SUB    DIVISIONAL    OFFICER
     GWALIOR, DIVISION GWALIOR
     (MADHYA PRADESH.
                                            2

                                                            ........RESPONDENTS

        (BY SHRI JITESH SHARMA - GOVERNMENT
        ADVOCATE)
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       This petition coming on for hearing this day, the Court passed the
following:
                                       ORDER

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

"i. That, respondent be directed to finalise the process in relation to making correction in the revenue record qua the property in question; ii. That, Respondent be directed to make entry of petitioner firm in the revenue record; iii. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be also passed alongwith the costs the writ petition."

It is submitted by the counsel for the petitioner that a decree was passed in favour of the petitioner by judgment dated 17/12/2021 passed by 11th District Judge, Gwalior in RCS 'A' No.27/2018. It was specifically held that the petitioner is the owner of survey no.200 area 10035 sqft and the defendants were restrained from interfering with the construction raised by the petitioner over the said land. The petitioner had moved an application for correction of revenue entry and to record the name of the petitioner as an owner, but the said application is still pending before the Collector, Gwalior and no order has been passed. It is further submitted that the decree dated 17/12/2021 passed by 11 th District Judge, Gwalior in RCS 'A' No.27/2018 has not been challenged and it has attained

finality.

Heard learned counsel for the petitioner.

From the plain reading of writ petition as well as considering the submissions made by the counsel for the petitioner, it is clear that the petitioner is seeking execution of decree dated 17/12/2021 passed by 11 th District Judge, Gwalior in RCS 'A' No.27/2018. The petitioner has an efficacious remedy of filing an execution proceeding. It is well established principle of law that when a specific provision is available, then generally the writ petition should not be entertained by by-passing the statutory remedy available to the petitioner. Since the petitioner can always file an execution proceeding for execution of the decree dated 17/12/2021, therefore, no case is made out for entertaining this writ petition.

Accordingly, the petition fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE Arun* ARUN KUMAR MISHRA 2022.06.30 16:41:24 +05'30'