Smt. Bharti Devi vs Prabhat
2023 Latest Caselaw 13984 MP

                                            1

        IN THE HIGH COURT OF MADHYA PRADESH
                                  AT GWALIOR
                                       BEFORE
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                           &
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                        ON THE 25th OF AUGUST, 2023
                       WRIT APPEAL NO.762 OF 2022

BETWEEN:-

SMT. BHARTI DEVI, W/O SHRI BHAIRO SINGH,
AGED- 57 YEARS, OCCUPATION- HOUSEWIFE,
R/O- WARD NO.8, BAJARIYA MOHALLA,
SHAMSHADABAD,       VIDISHA     (MADHYA
PRADESH).
                                                                   ........APPELLANT

(BY SHRI VIKAS SINGHAL - ADVOCATE)

AND

PRABHAT S/O SHRI RAGHUNATH PRASAD
PRAJAPATI, AGED - 33 YEARS, OCCUPATION-
AGRICULTURE, R/O VILLAGE MOHANPURA,
SHAMSHADABAD,       VIDISHA    (MADHYA
PRADESH).

                                                                 ........RESPONDENT

(BY SHRI S.K. SHRIVASTAVA - ADVOCATE FOR RESPONDENT)
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       This appeal coming on for admission this day, JUSTICE
SATYENDRA KUMAR SINGH passed the following:
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                                       ORDER

This Writ Appeal under Section 2(1) of the Madhya Pradesh, Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been preferred against the order dated 11/4/2022 passed by the Writ Court in Writ Petition No.25009/2021, whereby petitioner's (appellant herein) petition preferred under Article 226/227 of the Constitution of India was dismissed.

2. Upon perusal of the record of Writ Court, it is apparent that appellant has filed aforesaid writ petition against the order dated 27/8/2021 passed by the Appellate Authority, i.e. the Court of Additional Commissioner, Bhopal Division, Bhopal in case No.263/Appeal/2021-22, whereby the order dated 5/7/2021 passed by the Court of Additional Collector, District Vidisha in case No.128/Appeal/2020-21 was set aside and order dated 17/12/2020 relating to Batankan of the land in dispute passed by the Court of Sub-Divisional Officer, Shamshabad in case No.7/A-6A/2020-21 was affirmed.

3. From the aforesaid facts, it is apparent that the matter relates to Batankan order passed by the Revenue Courts. Admittedly, both the parties have approached the Civil Court seeking declaration and injunction against each other based upon the said Batankan order passed by the Revenue Courts. Therefore, it can very well be inferred that the order passed by the Writ Court was not passed in exercise of original jurisdiction under Article 226 of the Constitution of India, but exercising supervisory jurisdiction provided under Article 227 of the Constitution of India. The judgment passed by the Hon'ble Apex Court in the case of Radhey Shyam and another Vs. Chhabi Nath

and others, (2015) 5 SCC 423 relied upon by the counsel for the appellant is of no assistance to him.

4. Having perused the impugned order, we are of the considered opinion that the reasonings assigned by learned Single Judge are based on facts available on record, therefore, impeccable and the conclusion has been drawn after applying the correct principles of law. Consequently, no indulgence is warranted in the instant intra- court appeal.

5. Accordingly, the appeal is dismissed being not maintainable as well as being sans merit.

   (SATYENDRA KUMAR SINGH)                         (DEEPAK KUMAR AGARWAL)
            JUDGE                                          JUDGE
Arun*
                 ARUN KUMAR MISHRA
                 2023.08.28 13:02:13 +05'30'