Amanat vs The State Of Madhya Pradesh
2023 Latest Caselaw 2851 MP

                         1

   IN THE HIGH COURT OF MADHYA PRADESH

              AT G WA L I O R
                 BEFORE
      HON'BLE SHRI JUSTICE ROHIT ARYA
                     &
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH

        ON THE 16th OF FEBRUARY, 2023

         WRIT APPEAL No. 179 of 2017

BETWEEN:-


ALLANOOR S/O SHRI SUBHAN KHAN, AGE-72
YEARS, OCCUPATION: FARMER, R/O VILLAGE
BAGWAJ, TAHSIL AND DISTRICT SHEOPUR
(MADHYA PRADESH)
                           .....APPELLANT

(SHRI YOGESH SINGHAL-ADVOCATE FOR THE
APPELLANT)
AND


1. STATE OF MADHYA PRADESH THROUGH
   PRINCIPAL     SECRETARY,      REVENUE
   DEPARTMENT, BHOPAL (MADHYA PRADESH)

2. THE COLLECTOR SHEOPUR
                          2



3. THE S.D.O. SHEOPUR

4. KANWARYA S/O DEVHANS (DIED) LRS CHINTOO
   S/O KANWARYA, CASTE SAHAR, R/O VILLAGE
   BAGWAJ TAHSIL AND DISTRICT SHEOPUR
                            .....RESPONDENTS

(SHRI MPS RAGHUVANSHI-ADDITIONAL ADVOCATE
GENERAL FOR RESPONDENT/STATE)

          WRIT APPEAL No. 180 of 2017

BETWEEN:-
SAHADAT S/O SHRI MUBARAK, AGE-60 YEARS,
OCCUPATION: FARMER, R/O VILLAGE BAGWAJ,
TAHSIL AND DISTRICT SHEOPUR.
                             .....APPELLANT

(SHRI  YOGESH       SINGHAL-ADVOCATE    FOR
APPELLANT)
AND


1. STATE OF MADHYA PRADESH THROUGH
   PRINCIPAL       SECRETARY,    REVENUE
   DEPARTMENT, BHOPAL (MADHYA PRADESH)
2. THE COLLECTOR SHEOPUR
3. THE S.D.O. SHEOPUR
4. MOHAN S/O SHRI GORYA, CASTE-SAHAR, R/O
   VILLAGE BAGWAJ TAHSIL AND DISTRICT
                          3

   SHEOPUR (MADHYA PRADESH)
                           .....RESPONDENTS
(SHRI MPS RAGHUVANSHI-ADDITIONAL ADVOCATE
GENERAL FOR RESPONDENT/STATE )

         WRIT APPEAL No. 181 of 2017

BETWEEN:-
AMANAT S/O SHRI ISMAIL, AGE-50 YEARS,
OCCUPATION: FARMER, R/O VILLAGE BAGWAJ,
TAHSIL AND DISTRICT SHEOPUR
                            .....APPELLANT

(SHRI YOGESH SINGHAL-ADVOCATE FOR THE
APPELLANT)
AND
1. STATE OF MADHYA PRADESH THROUGH
   PRINCIPAL      SECRETARY         REVENUE
   DEPARTMENT, BHOPAL (MADHYA PRADESH)
2. THE COLLECTOR SHEOPUR
3. THE SDO SHEOPUR
4. SANWALIYA S/O SHRI KADURAM SAHAR R/O
   VILLAGE BAGWAJ, TAHSIL AND DISTRICT
   SHEOPUR
                           .....RESPONDENTS

(SHRI MPS RAGHUVANSHI-ADDITIONAL ADVOCATE
GENERAL FOR RESPONDENT/STATE )

                     &
                              4

            WRIT APPEAL No. 182 of 2017


BETWEEN:-
KHALIL S/O SHRI BABU, AGE-45 YEARS,
OCCUPATION: FARMAR, R/O VILLAGE BAGWAJ,
TAHSIL AND DISTRICT SHEOPUR
                            .....APPELLANT

(SHRI YOGESH SINGHAL-ADVOCATE FOR THE
APPELLANT )
AND
1. STATE OF MADHYA PRADESH THROUGH
   PRINCIPAL     SECRETARY,      REVENUE
   DEPARTMENT, BHOPAL (MADHYA PRADESH)
2. THE COLLECTOR SHEOPUR

3. THE S.D.O. SHEOPUR

4. BHAJAN S/O SUKHDEV ADIVASI R/O VILLAGE
   BAGWAJ, TAHSIL AND DISTRICT SHEOPUR
   THROUGH LRS KESHAR D/O BHAJAN ADIVASI.

                            .....RESPONDENTS
(SHRI MPS RAGHUVANSHI-ADDITIONAL ADVOCATE
GENERAL FOR RESPONDENT/STATE )
     These appeals coming on for admission this day,
JUSTICE ROHIT ARYA passed the following:

                       ORDER

These intra-court appeals, filed u/S.2(1) of Madhya

Pradesh Uccha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, are directed against the orders dated 09.03.2017 passed by learned Single Judge in WP.No.268 of 2014, WP.No.266 of 2014, WP.No.265 of 2014 and WP.No.267 of 2014.

2. Having perused the orders impugned, we are of the view that learned Single Judge did not find any illegality or infirmity in the orders passed by the Revenue Authorities in exercise of appellate jurisdiction, for the reasons indicated in the said orders and consequently dismissed the writ petitions.

3. Regard being had to the nature of the orders passed, we are of the considered view that the impugned orders have been passed in supervisory jurisdiction under Article 227 of the Constitution of India. Hence, in view of the proviso to sub- section (1) of Section 2 of the Madhya Pradesh Uccha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, which reads as under:

"2. Appeal to the Division Bench of the High Court from a Judgment or order of one Judge of the High Court made in exercise of original jurisdiction. - (1) An appeal shall lie from a Judgment or order passed by one Judge of the High Court in exercise of original jurisdiction under Article 226 of the Constitution of India, to a Division Bench

comprising of two judges of the same High Court:

Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India."

no intra-court appeal is maintainable against the said order.

4. At this stage, learned counsel for the appellants submits that the appellants may be given liberty to file a suit for declaration and injunction.

As a matter of fact, if law permits, appellants are always free to take recourse to law for the appropriate relief and thus no liberty in that behalf is required.

5. In view of the aforesaid, no further indulgence is warranted. Present appeals stand dismissed as not maintainable.

Interim order passed on 17.04.2017 in the instant appeals is extended for a further period of fifteen days, affording an opportunity to the appellants to take recourse to law before appropriate forum, if so advised.

                                                         (Rohit Arya)                 (Satyendra Kumar Singh)
                                                           Judge                              Judge
                                              pd

PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

DHARK GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff566 1c113046ab7ebb8031c36dcac4472c040a, pseudonym=22FE9CB9F7CF0345E7FFAC903 1E38DF6A29B4C10,

AR serialNumber=C72B9531562BC6028F5D6E4 2E82477C85878470B30E4A7672CCA523E83 C0BCB9, cn=PAWAN DHARKAR Date: 2023.02.16 18:42:21 +05'30'