Ram Kishan Patel vs State Of M.P.
2022 Latest Caselaw 13946 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                               BEFORE
                                        HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     ON THE 31st OF OCTOBER, 2022

                                                 WRIT PETITION No. 23411 of 2022

                                        BETWEEN:-
                                        RAM KISHAN PATEL S/O LATE SHRI
                                        ISHWARDAYAL PATEL, AGED ABOUT 70 YEARS,
                                        OCCUPATION: AGRICULTURIST R/O OSHO
                                        ASHTRAM,   VILLAGE    GOTEGAON,     TEH,
                                        GOTEGAON, DISTT. NARSINGHPUR (M.P.)
                                        (MADHYA PRADESH)

                                                                                    .....PETITIONER
                                        (BY SHRI K.K.PANDEY - ADVOCATE)

                                        AND
                                   1.   STATE OF M.P. THROUGH ITS PRINCIPAL
                                        SECRETARY    REVENUE    DEPARTMENT
                                        VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                        PRADESH)

                                   2.   COLLECTOR JABALPUR DISTRICT JABALPUR
                                        (MADHYA PRADESH)

                                   3.   REVENUE      DEPARTMENT THROUGH      ITS
                                        CEILLING CELL OFFICER MRIGYENDRA SINGH
                                        REVENUE       DEPARTMENT COLLECTORATE
                                        OFFICE DISTRICT JABALPUR EARLIER POSTED
                                        SDO REVENUE DEPARTMENT DISTRICT
                                        JABALPUR (MADHYA PRADESH)

                                   4.   REVENUE DEPARTMENT THROUGH ITS SUB
                                        DIVISIONAL OFFICER P.K. SENGUPTA REVENUE
                                        DEPARTMENT JABALPUR DISTRICT JABALPUR
                                        (MADHYA PRADESH)

                                   5.   TEHSILDAR JABALPUR PANAGAR DISTRICT
                                        JABALPUR (MADHYA PRADESH)

                                   6.   GHANSHYAM DAS S/O PRATIMAL, AGED
Signature Not Verified
  SAN
                                        ABOUT     58   YEARS, RESIDENT   GRAM
                                        BHARTHANI    TEHSIL   PATAN   DISTRICT
Digitally signed by HEMANT SARAF
Date: 2022.11.01 18:48:08 IST           JABALPUR (MADHYA PRADESH)
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                                   7.       KHET SINGH S/O CHOTELAL, AGED ABOUT 53
                                            YEARS, RESIDENT GRAM BHARTHANI TEHSIL
                                            PATAN   DISTRICT  JABALPUR    (MADHYA
                                            PRADESH)

                                   8.       OM PRAKASH MISHRA S/O VISHWANATH
                                            M ISHR A RESIDENT 252A TRIMURTI NAGAR
                                            NEAR AGHORI BABA MANDIR RAJEEV GANDHI
                                            WARD     DISTRICT  JABALPUR   (MADHYA
                                            PRADESH)

                                   9.       SMT. UMADEVI MISHRA W/O LATE SHRI
                                            VISHWANATH MISHRA, AGED ABOUT 52
                                            YEARS, RESIDENT SHASTRI CHOWK DISTRICT
                                            SATNA (MADHYA PRADESH)

                                   10.      RAVI PRAKASH MISHRA S/O LATE SHRI
                                            VISHWANATH DATT MISHRA, AGED ABOUT 50
                                            YEARS, RESIDENT SHASTRI CHOWK DISTRICT
                                            SATNA (MADHYA PRADESH)

                                   11.      JAY PRAKASH MISHRA S/O LATE SHRI
                                            VISHWANATH DATT MISHRA, AGED ABOUT 52
                                            YEARS, RESIDENT SHASTRI CHOWK DISTRICT
                                            SATNA (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                            (RESPONDENTS/STATE BY SMT.GULABKALI PATEL -
                                            GOVERNMENT ADVOCATE)
                                            (RESPONDENT NO.8/CAVEATOR BY SHRI ABHIJEET AWASTHY -
                                            ADVOCATE)

                                          This petition coming on for admission this day, th e court passed the
                                   following:
                                                                         ORDER

By filing this petition, the petitioner has prayed for the following reliefs :-

i) Hon'ble court may kindly be pleased to direct the respondent no.1 to 4 to call the entire record regarding annexure P/1 to Annexure P/10C for kind perusal of this Hon'ble court.

ii) Hon'ble Court may kindly be pleased to set aside the Signature Not Verified SAN

impugned judgment and decree dated 24.4.1971 (annexure P/10C) Digitally signed by HEMANT SARAF Date: 2022.11.01 18:48:08 IST

issue no.25 which is decided by learned trial court by going beyond

the jurisdiction.

iii) Any other reliefs, which deems fit and proper be also awarded in favour of the petitioner.

Learned counsel for the petitioner contended that the petitioner is having ancestral property total area 28.40 hectares situated at village Pipariya Baniakheda, Tahsil and District Jabalpur. It is alleged that by playing fraud and on collusion with respondents no.6 and 7 filed a suit for possession against the petitioner's grand father and fraudulently impleaded father of respondents no.8, 10 and 11. The said civil suit was decided by the Civil Judge Class II.

Learned counsel for the respondents on caveat opposed the prayer and submitted that after decision on the civil suit, first appeal was filed which was also dismissed thereafter second appeal was filed which has also been decided and the matter has attained finality.

The prayer made in this writ petition cannot be granted since the judgment and decree dated 24.4.1971 has attained finality in the year 1975. The grandfather of the petitioner was a party to the suit and was granted full opportunity of hearing. The petitioner after lapse of about 52 years cannot assail the same by filing the writ petition. Moreover, the scope of Article 226 of the Constitution of India also does not permit this Court to entertain this writ petition. This Court has no jurisdiction to entertain this writ petition.

Heard learned counsel for the parties and perused the record. This Court finds force in the submission advanced by learned counsel for the respondent/Caveator inasmuch as the prayer made in this petition cannot be granted to the petitioner in exercise of powers conferred under Article 226 of Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.11.01 18:48:08 IST the Constitution of India.

Accordingly, this petition being bereft of merit and substance stands dismissed. Further cost of Rs.5,000/- is imposed upon the petitioner for filing such frivolous and misconceived petition. The cost be deposited with the M.P. High Court Legal Service Committee and the receipt thereof be produced before the Registry of this court which may be placed in the record of this petition.

(S. A. DHARMADHIKARI) JUDGE HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.11.01 18:48:08 IST