Uma Devi Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 20431 MP

Madhya Pradesh High Court

Uma Devi Agrawal vs The State Of Madhya Pradesh on 4 December, 2023

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             WP No. 29266 of 2023
      (UMA DEVI AGRAWAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 04-12-2023
      Shri Ashok Kumar Jain - Advocate for the petitioners.

      Smt. Swati Aseem George - Deputy Government Advocate for the
respondents/State.

Heard on the question of admission.

Learned counsel for the petitioners submits that even on earlier round,

direction was issued by this Court for the Collector to examine the aspect as to whether the land of the petitioners is included in the judgment and decree passed by the Fifth Additional District Judge on the basis of which revenue entries have been modified and corrected or not, but according to him despite direction of this Court, the Sub Divisional Officer without specifying the fact as to in what manner land of the petitioners is part of judgment and decree dated 31.10.2006 had stated that the judgment and decree is not related to khasra number of the petitioners whereas it relates to original Khasra No.433 and Collector considering the order of Sub Divisional Officer, rejected the

application of the petitioners. According to him, it is still not clear as to whether the petitioners khasra number is part of old Khasra No.433 or it is different one and unless it is specified and clarified, the order passed by this Court cannot be considered to be complied with.

In view of the above, let notice be issued to the respondents on payment of process fee within a period of three days by RAD mode to file reply to the petition specifying as to how the land of the petitioners is not being treated to be a part of Khasra No.433 in respect of which judgment and decree dated

31.10.2006 has been passed.

Notice be made returnable within four weeks.

By way of interim measure, the parties are directed to maintain status quo in respect of land in question as exists today till next date of hearing.

List this case in the week commencing 08.01.2024. However, learned counsel for the petitioners is also directed to supply a copy of document i.e. Annexure-P/9 to learned counsel for the State.

(SANJAY DWIVEDI) JUDGE Devashish DEVASHISH MISHRA 2023.12.05 11:02:32 +05'30'