Genesh Chadhar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12680 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 7 th OF AUGUST, 2023
                                             WRIT PETITION No. 8144 of 2021

                           BETWEEN:-
                           GANESH CHADHAR S/O SHRI KAMTU CHADHAR, AGED
                           ABOUT 40 YEARS, OCCUPATION: AGRICUTURE, R/O.
                           GRAM LAAR KHAAS, TEH. AND DIST. TIKAMGARH
                           (MADHYA PRADESH).

                                                                                      .....PETITIONER
                           (BY SHRI DHARMENDRA PATEL - ADVOCATE )

                           AND
                           1.    STATE OF MADHYA PRADESH THROUGH,
                                 PRINCIPAL SECRETARY REVENUE DEPARTMENT,
                                 MANTRALAY, VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER,    SAGAR,        DIVISION SAGAR
                                 (MADHYA PRADESH).

                           3.    C O L L E C T O R , T I K A M G A R H , DISTRICT
                                 TIKAMGARH (MADHYA PRADESH).

                           4.    SUB DIVISIONAL OFFICER (REVENUE), SUB
                                 DIVISION TIKAMGARH, DISTRICT TIKAMGARH
                                 (MADHYA PRADESH).

                           5.    NAIB   TAHSILDAR,    BADAGAON    DHASAN,
                                 DISTRICT - TIKAMGARH (MADHYA PRADESH).

                           6.    LACHHIYA W/O MOHAN CHADHAR, R/O. GRAM
                                 RANIPURA, TAH. AND DISTT. TIKAMGARH
                                 (MADHYA PRADESH).

                                                                                    .....RESPONDENTS
                           (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE FOR THE
                           RESPONDENTS/STATE )

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 09-08-2023
13:46:49
                                                                  2
                           following:
                                                                  ORDER

The dispute is two fold. Whether ancestral property can be built or not in a case of dispute in regard to the validity of the Will, which is the correct forum to get the adjudication.

Shri Rahul Rawat has placed reliance on the judgment of Supreme Court in the case of Jitendra Singh Vs. State of M.P. and others, 2021 SCC Online SC 802, wherein it is held that in cases of Suman Verma Vs. Union of India, (2004) 12 SCC 58, Faqruddin Vs. Tajuddin, (2008) 8 SCC 12 and in case of Prahlad Pradhan and Others Vs. Sonu Kumhar and

Others, (2019) 10 SCC 259 that if there is any dispute to the title of the property then it can only be decided by a competent Civil Court.

In view of the said decisions of Supreme Court and a Division Bench decision of this Court in Murari and another Vs. State of M.P. and Others, 2020 (4) MPLJ 139 wherein it is held that dispute relating to title based on Will can only be decided by the Civil Court with the help of evidence adduced before it by examining attesting witnesses, this Court is of the opinion that correct forum for the petitioner to seek redressal is the Civil Court.

Accordingly, he is permitted to withdraw the writ petition with liberty to file a civil suit. It is directed that in case civil suit is filed within a period of 15 days from today then interim protection granted by Co-ordinate Bench of this Court shall continue for a period of 15 days.

In view of aforesaid petition is dismissed as withdrawn with aforesaid liberty.

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 09-08-2023 13:46:49

(VIVEK AGARWAL) JUDGE RC

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 09-08-2023 13:46:49