Shri Shankarlal vs Shri Ummedram
2023 Latest Caselaw 12662 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 7 th OF AUGUST, 2023
                                           WRIT PETITION No. 18172 of 2023

                         BETWEEN:-
                         SHRI SHANKARLAL S/O BAGDIRAM LODHA, AGED
                         ABOUT 53 YEARS, OCCUPATION: BUSINESS R/O GRAM
                         BHATREWAS TEHSIL MANDSAUR (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (MS. ANAMIKA SINGH- ADVOCATE)

                         AND
                         1.    SHRI UMMEDRAM S/O BAGDIRAM LODHA, AGED
                               ABOUT 64 YEARS, OCCUPATION: AGRICULTURE
                               R/O GRAM BHATREWAS TESHIL MANDSAUR
                               (MADHYA PRADESH)

                         2.    SHRI MANGILAL S/O BAGDIRAM LODHI, AGED
                               ABOUT 70 YEARS, OCCUPATION: AGRICULTURE
                               GRAM BHATREWAS TEH. MANDSAUR, DIST.
                               MANDSAUR (MADHYA PRADESH)

                         3.    SMT. WALIBAI W/O KANHAIYALAL, AGED ABOUT
                               75 YEARS, OCCUPATION: HOUSEWIFE PANCHEWA
                               (RAJASTHAN)

                         4.    SHRI NAYAB TEHSILDAR TAPPA DHUNDHADKA
                               JILA MANDSAUR (MADHYA PRADESH)

                         5.    MADHYA PRADESH SHASAN DWARA COLLECTOR
                               MANDSAUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                         ( SHRI KUSHAL GOYAL- ADVOCATE)

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                          ORDER

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/8/2023 12:35:38 PM

Petitioner has filed this present petition under Article 226 of the Constitution of India being aggrieved by order dated 14.06.2023 passed by the Additional Collector, District-Mandsaur, whereby the order passed by Sub Divisional Officer dated 12.04.2023 has been set-aside.

2. Facts of the case in short are as under:- (I) The petitioner approached the Sub Divisional Officer by way of appeal No.253/2022-23 challenging the order dated 16.11.2022 passed by Naib Tehsildar whereby the family property was partitioned between the legal heirs. Vide order dated 12.04.2023 the Sub Divisional Officer has set-aside the order of Teshildar and remanded the matter back, being aggrieved by the aforesaid

order of remand the respondents Ummedram, Mangilal and Walibai have preferred a revision before the Additional Collector.

(II) Vide order dated 14.06.2023 the Additional Collector has set-aside the order of Sub Divisonal Officer and upheld the order of Tehsildar on the ground that the petitioner has already approached the Civil Court by way of Civil Suit No.RCSA 214/2020 in which vide judgment dated 11.06.2022 this petitioner has not been found exclusive owner and occupier of the land and the partition of 1998 on which the petitioner is relying has been held valid.

3. Learned counsel for the petitioner, submits that the petitioner has already preferred a 'First Appeal' against the said judgment and decree which is pending for adjudication therefore, when the matter is pending before the Civil Court the order passed by the Revenue Authorities are not liable to be interfered in a writ petition filed under Article 226 of the Constitution of India.

4. Any finding recorded by the Civil Court or an Appellate Court shall be binding on the Revenue Authority.

Signature Not Verified In view of above, this Writ petition is dismissed. Signed by: AKANKSHA LAHORIYA Signing time: 8/8/2023 12:35:38 PM

(VIVEK RUSIA) JUDGE akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/8/2023 12:35:38 PM