Teerthraj vs Ashok
2022 Latest Caselaw 13648 MP

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 17th OF OCTOBER, 2022

                                         MISC. PETITION No. 4399 of 2022

                                BETWEEN:-
                           1.

TEERTHRAJ S/O KUWARLAL, AGED ABOUT 62 YE A R S , OCCUPATION: NAI R/O RAILWAY COLINEY NEAR GANJ MATA MANDIR BETUL (MADHYA PRADESH)

2. SMT. KUSUMLATA W/O SHRI KRISHNA, AGED ABOUT 68 YEARS, OCCUPATION: CASTE NAI R/O ARJUNAGAR BETUL DISTRICT BETUL M.P. (MADHYA PRADESH)

3. PRADYUM S/O SHRI KRISHNA, AGED ABOUT 48 Y E A R S , OCCUPATION: CASTE NAI R/O ARJUNAGAR BETUL DISTRICT BETUL M.P. (MADHYA PRADESH)

4. JOYTI D/O SHRI KRISHNA, AGED ABOUT 46 Y E A R S , OCCUPATION: CASTE NAI R/O ARJUNAGAR BETUL DISTRICT BETUL M.P. (MADHYA PRADESH)

5. RASHMI D/O SHRI KRISHNA, AGED ABOUT 44 YEAR S, OCCUPATION: NAI R/O ARJUNAGAR BETUL DISTRICT BETUL M.P. (MADHYA PRADESH)

6. SMT. KAMLA W/O VINAYKUMAR, AGED ABOUT 42 YEARS, OCCUPATION: CASTE NAI R/O MALVIYA WARD KHAJANOUR BETUL TEHSIL AND DISTRICT BETUL M.P. (MADHYA PRADESH)

7. NAVNEET S/O VINAYKUMAR, AGED ABOUT 40 YEARS, OCCUPATION: CASTE NAI R/O MALVIYA WARD KHAJANOUR BETUL TEHSIL AND DISTRICT BETUL M.P. (MADHYA PRADESH)

8. SHIVANI D/O VINAYKUMAR, AGED ABOUT 40 YEARS, OCCUPATION: CASTE NAI R/O MALVIYA WARD KHAJANOUR BETUL TEHSIL AND DISTRICT BETUL M.P. (MADHYA PRADESH) Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/18/2022 11:56:56 AM

9. ABHINEET S/O VINAYKUMAR, AGED ABOUT 38 YEARS, OCCUPATION: CASTE NAI R/O MALVIYA WARD KHAJANOUR BETUL TEHSIL AND DISTRICT BETUL M.P. (MADHYA PRADESH)

10. SHUBHNEET S/O VINAYKUMAR, AGED ABOUT 36 YEARS, OCCUPATION: CASTE NAI R/O MALVIYA WARD KHAJANOUR BETUL TEHSIL AND DISTRICT BETUL M.P. (MADHYA PRADESH)

11. VIJAYABAI (DEAD) THROUGH LRS. SUNIL S/O LATE DURGASHANKAR, AGED ABOUT 51 YEARS, OCCUPATION: CASTE NAI R/O NAINPUR DISTRICT MANDLA M.P. (MADHYA PRADESH)

12. SUDHIR S/O LATE DURGASHANKAR, AGED ABOUT 51 YEARS, R/O NAINPUR DISTRICT MANDLA M.P. (MADHYA PRADESH)

13. MADHULATA D/O LATE DURGASHANKAR, AGED ABOUT 44 YEARS, R/O NAINPUR DISTRICT MANDLA M.P. (MADHYA PRADESH)

14. MANJULATA W/O LATE HARISHANKAR, AGED ABOUT 46 YEARS, BARGHAT DISTRICT SEONI M.P. (MADHYA PRADESH)

.....PETITIONER (BY SHRI NAVEEN DUBEY-ADVOCATE)

AND

1. ASHOK S/O KUWARLAL, AGED ABOUT 65 YE A R S , OCCUPATION: NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT (MADHYA PRADESH)

2. MANISH S/O SUNDARLAL, AGED ABOUT 42 Y E A R S , OCCUPATION: CASTE NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

3. DEVENDRA S/O RAMDIN, AGED ABOUT 31 YEARS, R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

4. LEKHA D/O RAMDIN, AGED ABOUT 50 YEARS, Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/18/2022 11:56:56 AM

OCCUPATION: CASTE NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

5. DEVENDRA S/O ARVIND, AGED ABOUT 42 Y E A R S , OCCUPATION: CASTE NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

6. PUSHPKUNAR S/O ARVIND, AGED ABOUT 40 Y E A R S , OCCUPATION: CASTE NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

7. LEKHENDRA S/O ARVIND, AGED ABOUT 38 Y E A R S , OCCUPATION: CASTE NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

8. NEERAJ S/O ARVIND, AGED ABOUT 35 YEARS, OCCUPATION: CASTE NAI R/O MARATHI MOHALLA KOTHIBAZAR BETUL TEHSIL AND DISTRICT BETUL (MADHYA PRADESH)

.....RESPONDENTS (NONE)

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

ORDER This miscellaneous petition has been filed by plaintiffs/petitioners challenging the order dated 14.09.2022 (Annexure P/1) whereby the learned Court below has dismissed the application dated 26.08.2022 (Annexure P/4),

which was filed for summoning the Nazul Inspector along with relevant documents to prove the Nazul Patta because the Patta in question has been challenged by the respondents-defendants

2. From perusal of the impugned order, it appears that the learned Court below has rejected the application on the ground that the certified copies of the Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/18/2022 11:56:56 AM

relevant documents have already been filed on record, therefore, the concerning employee/officer is not required to be summoned.

3. Learned counsel for the petitioners submits that he has already filed the certified copies of relevant documents, therefore, now he is confining his prayer to summon the Nazul Inspector only, to prove the documents already filed by him on record.

4. Heard the learned counsel for the petitioners and perused the record.

5. As the application appears to have been filed with the prayer to summon the Nazul Inspector along with the concerning record but in view of the prayer made today before this Court by the learned counsel for the petitioners, this Court deems it fit to afford another opportunity to the petitioners to file a fresh application for summoning the Nazul Inspector with a view to prove the Nazul Patta, which has already been taken on record by way of the judgment of remand dated 08.12.2021.

6. Accordingly, it is ordered that if such an application is filed by the petitioners/plaintiffs before the Court below, the same shall be decided by the Court below without being influenced by the impugned order dated 14.09.2022.

7. With the aforesaid observations, this petition is allowed and disposed off.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 10/18/2022 11:56:56 AM