Madhya Pradesh High Court
Virendra Kumar Kurmi vs Jai Kumar Divan (Dead) Through ... on 7 February, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 7 th OF FEBRUARY, 2023
MISC. PETITION No. 3228 of 2022
BETWEEN:-
VIRENDRA KUMAR KURMI S/O LATE MOUJILAL
KURMI OCCUPATION: AGRICULTURIST R/O PURANI
ITARSI TAHSIL ITARSI DISTT. HOSHANGBAD (MADHYA
PRADESH)
.....PETITIONER
(SHRI P.S. GAHARWAR AND SHRI N.C. BEOHAR- ADVOCATES )
AND
1. JAI KUMAR DIVAN (DEAD) THROUGH LRS.
SUSHILA BAI W/O LATE JAY KISHOR DIWAN,
AGED ABOUT 22 YEARS, R/O RAJENDRA PURA
PURANU ITARSI HOSHANGABAD (MADHYA
PRADESH)
2. RAM MOHAN DIWAN S/O LATE JAY KISHORE
D IWAN R/O RAJENDRA PURA PURANI ITARSI
TEHSILI- ITARSI HOSHANGABAD (MADHYA
PRADESH)
3. SHYAM SUNDER DIWAN S/O LATE JAY KISHORE
D IWAN R/O RAJENDRA PURA PURANI ITARSI
TEHSILI- ITARSI HOSHANGABAD (MADHYA
PRADESH)
4. SANDEEP DIWAN S/O LATE JAY KISHORE DIWAN
R/O RAJENDRA PURA PURANI ITARSI TEHSILI-
ITARSI HOSHANGABAD (MADHYA PRADESH)
5. MEENAKSHI PARSI D/O LATE JAY KISHORE
DIWAN W/O SHYAM KUMAR PARSAI VAN VIBHAG
COLONY KATGHORA, DISTT. KORBA, C.G.
(CHHATTISGARH)
6. MANJU DUBEY D/O LATE JAY KISHORE DIWAN
W/O RAJ KUMAR DUBEY MALVIYA GANJ ITARSI,
DISTRICT- NARMADAPURAM, M.P.
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 2/8/2023
10:42:47 AM
2
7. NISHA DUBEY D/O LATE JAY KISHOR DIWAN W/O
RAMAKANT DUBEY NEAR JANPAD OFFICE
GADARWARA, DISTRICT- NARSINGHPUR, M.P.
8. CHANCHALA DUBEY D/O LATE JAY KISHOR
DIWAN W/O RAJESH DUBEY, (DECEASED)
DISTRICT NARMADAPURAM (M.P.)
9. KIRAN DUBEY S/O LATE JAY KISHOR DIWAN
(DECEASED) THROUGH LEGAL HEIRS GIRISH
DUBEY W/O D.L. DUBEY DISTRICT
NARMADAPURAM (M.P.)
10. MANISHA DUBEY D/O D.L. DUBEY DISTRICT
NARMADAPURAM (M.P.)
11. MANISH DUBEY S/O D.L. DUBEY DISTRICT
NARMADAPURAM (M.P.)
12. VINAY KUMAR DIWAN (DECEASED) THROUGH
LEGAL HEIRS BASANTI DIWAN W/O VINAY
KUMAR DIWAN R/O RAJENDRA PURA PURANI
ITARSI DISTRICT- HOSHANGABAD, M.P.
13. DEEPA SHROTI D/O LATE VINAY KUMAR DIWAN
R/O RAJENDRA PURA PURANI ITARSI DISTRICT-
HOSHANGABAD, M.P.
14. ANJU DWIVEDI D/O LATE VINAY KUMAR DIWAN
LIG 372 NEW SUBHASH NAGAR, BHOPAL, M.P.
15. JYOTI PARSAI D/O VINAY KUMAR DIWAN W/O
PRAKASH PARSAI B-3 BELS CORPORATION
RAMCHANDRA NAGAR HONIVALI, EAST
MUMBAI KALYAN, M.H. (MAHARASHTRA)
16. DR. SANJAY DIWAN S/O LATE VINAY KUMAR A.
AP-1 JAWAHRLAL NEHRU MEDICAL COLLEGE
CAMPUS SAVANGI, DISTT. WARDHA, M.H.
(MAHARASHTRA)
17. SHIKHA DIWAN D/O LATE VINAY KUMAR R/O
RAJENDRA PURA PURANI ITARSI DISTRICT-
HOSHANGABAD, M.P.
18. RAJIV DIWAN S/O LATE VINAY KUMAR R/O
RAJENDRA PURA PURANI ITARSI DISTRICT-
HOSHANGABAD, M.P.
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 2/8/2023
10:42:47 AM
3
19. STATE OF MADHYA PRADESH THROUGH
SECRETARY DEPARTMENT OF REVENUE
VALLABH BHAWAN BHOPAL M.P.
20. ADDITIONAL COMMISSIONER
NARMADAPURAM, M.P. NARMADAPURAM, M.P.
21. SUB DIVISIONAL OFFICER (REVENUE) ITARSI
NARMADAPURAM, M.P.
22. TEHSILDAR ITARSI DISTRICT-
NARMADAPURAM, M.P.
.....RESPONDENTS
(SHRI SANJAY K. AGRAWAL - ADVOCATE FOR THE RESPONDENTS AND
MISS. KAMLESH TAMRAKAR PANEL LAWYER FOR STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This miscellaneous petition has been preferred by the petitioner
challenging the order dated 27.04.2022 passed by Additional Commissioner,
Narmadapuram Division, Narmadapuram, affirming the order dated 30.12.2020
passed by SDO whereby, learned SDO set aside the order dated 17.02.1992
passed by Tahsildar Itarsi, District Hoshangabad.
2. Learned counsel for the petitioner submits that even if the rights and
title of the parties have been finalized by the civil Court which attained finality
upto the Supreme Court, there is no bar to entertain the miscellaneous petition
against the orders passed by the revenue Courts and even in presence of the
judgment and decree passed by civil Court, this Court can entertain the
miscellaneous petition against the orders passed by revenue Court and can take
different view from what has already been taken by civil Court.
3. Learned counsel for the respondents submits that in the light of
judgment and decree dated 22.12.2000 (Annexure P/4) passed by District Judge
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 2/8/2023
10:42:47 AM
Hoshangabad and the judgment and decree dated 30.08.2007 passed by civil
Judge Class-I Itarsari, in civil suit no.1-A/2005, which has attained finality upto
the Supreme Court, nothing remains to be decided in the present case and the
mutation order passed by Tahsildar has rightly been set aside by the SDO and
the Additional Commissioner. He further submits that previously the petitioner
preferred MP no.2724/22 against the same impugned order, which without any
liberty was withdrawn by the petitioner, therefore, again the present petition is
not maintainable against the same impugned order. With these submissions he
prays for dismissal of the miscellaneous petition.
4. Heard learned counsel for the parties and perused the record.
5. The order of mutation dated 17.02.1992 passed by Tahsildar was set
aside by SDO vide its order dated 30.12.2020 after taking into consideration all
the judgments passed in the civil litigation and the order passed by SDO was
further affirmed by Additional Commissioner vide impugned order dated
27.04.2022. It is well settled that judgment and decree deciding the rights of the
parties are binding on the revenue Courts, therefore, in my considered opinion,
no illegality is there in the impugned order passed by Additional Commissioner
which is based upon the judgment and decree passed by civil Court(s).
6. Resultantly, miscellaneous petition fails and is hereby dismissed.
7. Interim application(s), if any, shall stand dismissed.
(DWARKA DHISH BANSAL)
JUDGE
pb
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 2/8/2023
10:42:47 AM
