Girdhar Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 21950 MP

Madhya Pradesh High Court

Girdhar Patel vs The State Of Madhya Pradesh on 20 December, 2023

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK JAIN
                                            ON THE 20 th OF DECEMBER, 2023
                                             MISC. PETITION No. 1590 of 2021

                           BETWEEN:-
                           GIRDHAR PATEL S/O LATE SHRI C.L. PATEL, AGED
                           ABOUT 38 YEARS, OCCUPATION: AGRICULTURIST TILI
                           WARD NEAR OLD PRIMARY SCHOOL TEHSIL AND
                           DISTT. SAGAR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI SHYAM YADAV - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR.
                                 COMMISSIONER SAGAR (MADHYA PRADESH)

                           2.    COLLECTOR S A G A R DISTT.SAGAR       (MADHYA
                                 PRADESH)

                           3.    SUB      DIVISIONAL      OFFICER      REVENUE
                                 D E P A R T M E N T DISTT.SAGAR       (MADHYA
                                 PRADESH)

                           4.    NAYAB     TEHSILDAR    SAGAR NARYAWALI
                                 DISTT.SAGAR (MADHYA PRADESH)

                           5.    AJAY JAIN S/O MANI BHAI JAIN AADARSH
                                 NAGAR MAKRONIYA DISTT.SAGAR (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY MS. SHRADDHA TIWARI - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

The present petition has been filed against the order Annexure-P/3 is

confirmed by Annexure-P/5. The order Annexure-P/3 has been passed by the Naib Tehsildar whereby objections of the petitioner have been rejected and by the order Annexure-P/5, the order of Naib Tehsildar has been confirmed on the ground that the petitioner has already lost from civil court.

2. The petitioner filed further appeal against the order Annexure-P/5 before the Commissioner and the said appeal has been decided vide Annexure- P/6 holding that against the revisional order, appeal is not maintainable under MPLRC.

Though the appeal has been held to be not maintainable by the Commissioner vide order Annexure-P/6, yet it is seen that the Commissioner

has duly recorded that the petitioner has lost from the civil Court vide judgment and decree dated 30.06.2016 and the said judgment and decree has been confirmed by the Appellant Court on 10.10.2017.

Once the petitioner has already lost from the civil Court and this part of the order is not put to challenge by the petitioner and nothing has been placed on record that the Commissioner has wrongly recorded about the petitioner having lost from civil court, in my opinion, there is no error committed by the revenue authorities/courts in passing the impugned orders.

With the aforesaid, this petition is dismissed.

(VIVEK JAIN) JUDGE Prar