Bherulal vs Mr. Dev Dutt Sharma
2023 Latest Caselaw 12253 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CONC No. 1364 of 2021
                                            (BHERULAL AND OTHERS Vs MR. DEV DUTT SHARMA AND OTHERS)



                           Dated : 01-08-2023


                                 Shri Veer Kumar Jain, Senior Counsel with Shri Vaibhav Jain, counsel
                           for the Petitioners.
                                 Shri Kamal Nayan Airen, counsel for the Respondent No.1-Shri Dev

Dutt Sharma-the then Tahsildar, Ujjain.

Shri Shrey Raj Saxena, counsel for the Respondent No.2-Dr. Madhu Nayak, the then Tahsildar, Ujjain.

Ms. Archna Gupta, who has been recently transferred as Tahsildar, Ujjain but has not joined yet, is present in compliance to the order dated 17.7.2023 passed by this Court. She has not gone through the relevant file and prays for time to go through the file and comply with the order.

Counsel for the petitioners submits that declaration decree has been passed in favour of the petitioners. The said decree is affirmed in the First Appeal and thereafter the Second Appeal has also been dismissed by the High

Court but the order was not complied with, then the applicants filed Writ Petition No. 6888/2018. The said petition was disposed of with the following observation :-

'Even otherwise almost 3 years are going to be passed from the judgment and decree of second appeal. If the final decision has been taken to file SLP, let the State Government pursue their right to file SLP. However, the Tahsildar, Ujjain is directed to revive the proceedings of mutation and wait for at least 3 months to take final Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 01-08-2023 17:50:17

decision, meanwhile the State Government may produce the outcome of the SLP. That after the period of three months from today, the Tahsildar shall proceed and conclude the proceedings in next three months in accordance with law.'

Despite expiry of 3 months and dismissal of SLP the order has not been complied with till this date. In the meantime, respondent Nos.1 and 2 have been transferred. The contempt proceedings are by name and the respondents are personally liable for non-compliance of the order. The respondent No.1 has filed reply justifying his action for non-compliance of the order. Prima facie this Court is not satisfied with the reply filed by the respondent No.1.

Counsel for the respondent No.2 submits that State has filed review petition on 2.5.2023 before the Supreme Court against dismissal of SLP of which Diary Number is 18640/2023.

In the interest of justice, Ms. Archna Gupta who is going to join as Tahsildar, Ujjain is granted 4 weeks time to look into the matter and to take steps for compliance of the order. She will pass necessary orders in compliance to the court orders within a period of 4 weeks from today.

The respondent Nos.1 and 2 are directed to remain present in person before this Court on 6.09.2023. Ms. Archna Gupta shall also remain present on the said date along with compliance report. Let copy of the order be sent to the Principal Secretary, Revenue Department, Vallabh Bhawan, Bhopal to ensure that respondent Nos.1- Devdutt Sharma and respondent No.2-Ms. Madhu Nayak remain present before this Court on the said date along with their explanation.

List on 6.09.2023.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 01-08-2023 17:50:17

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 01-08-2023 17:50:17