Santsharan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3484 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                ON THE 27 th OF FEBRUARY, 2023
                MISC. PETITION No. 3020 of 2022

BETWEEN:-
1.    SANTSHARAN S/O KAUSHAL PRASAD, AGED
      ABOUT 70 YEARS, OCCUPATION: PENSIONER AND
      AGRICULTURIST R/O VILLAGE LALGAON TEHSIL
      SIRMAUR DISTRICT REWA (M.P.) (MADHYA
      PRADESH)

2.    RAMVILAS S/O KAUSHAL PRASAD, AGED ABOUT
      65   YEARS, OCCUPATION: PENSIONER AND
      AGRICULTURIST R/O VILLAGE LALGAON, TEHSIL
      SIRMAUR, DISTRICT REWA (MADHYA PRADESH)

3.    MADHUSUDAN S/O KAUSHAL PRASAD, AGED
      ABOUT 45 YEARS, OCCUPATION: SERVICE R/O
      VILLAGE LALGAON, TEHSIL SIRMAUR, DISTRICT
      REWA (MADHYA PRADESH)

4.    SMT. SUGNI D/O KAUSHAL PRASAD, AGED ABOUT
      80    YEARS, OCCUPATION: HOUSEWIFE R/O
      VILLAGE LALGAON, TEHSIL SIRMAUR, DISTRICT
      REWA (MADHYA PRADESH)

5.    SMT. MUTIHARI D/O KAUSHAL PRASAD, AGED
      ABOUT 52 YEARS, OCCUPATION: HOUSEWIFE R/O
      VILLAGE LALGAON, TEHSIL SIRMAUR, DISTRICT
      REWA (MADHYA PRADESH)

6.    SMT. SHAKUNTALA D/O KAUSHAL PRASAD, AGED
      ABOUT 49 YEARS, OCCUPATION: HOUSEWIFE R/O
      VILLAGE LALGAON, TEHSIL SIRMAUR, DISTRICT
      REWA (MADHYA PRADESH)

7.    SMT. PHOOLKUMARI D/O KAUSHAL PRASAD,
      AGED   ABOUT      47  YEARS, OCCUPATION:
      HOUSEWIFE R/O VILLAGE LALGAON, TEHSIL
      SIRMAUR, DISTRICT REWA (MADHYA PRADESH)

8.    SMT. NIRMALA D/O KAUSHAL PRASAD, AGED
      ABOUT 45 YEARS, OCCUPATION: HOUSEWIFE R/O
      VILLAGE LALGAON, TEHSIL SIRMAUR, DISTRICT
                            2
      REWA (MADHYA PRADESH)

9.    MANGAL PRASAD S/O RAJRAMAN TIWARI, AGED
      ABOUT 52 YEARS, OCCUPATION: AGRICULTURIST
      R/O VILLAGE LALGAON, TEHSIL SIRMAUR,
      DISTRICT REWA (MADHYA PRADESH)

10.   RAMRAKHWARE S/O RAJRAMAN TIWARI, AGED
      ABOUT 55 YEARS, OCCUPATION: AGRICULTURIST
      R/O VILLAGE LALGAON, TEHSIL SIRMAUR,
      DISTRICT REWA (MADHYA PRADESH)

11.   KUJAL S/O RAJRAMAN TIWARI, AGED ABOUT 65
      Y E A R S , OCCUPATION: AGRICULTURIST R/O
      VILLAGE LALGAON, TEHSIL SIRMAUR, DISTRICT
      REWA (MADHYA PRADESH)

12.   SUKHMANT KISHOR TIWARI S/O SEETASHARAN
      TIWARI, AGED ABOUT 55 YEARS, OCCUPATION:
      AGRICULTURIST R/O VILLAGE LALGAON, TEHSIL
      SIRMAUR, DISTRICT REWA (MADHYA PRADESH)

                                                   .....PETITIONERS
(BY SHRI RAM JEE SHUKLA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY REVENUE DEPARTMENT
      VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
      PRADESH)

2.    ADDITIONAL COMMISSIONER REWA DIVISION
      REWA (MADHYA PRADESH)

3.    SUB DIVISIONAL OFFICER (REVENUE) SIRMAUR /
      SIMARIYA, DISTRICT REWA (MADHYA PRADESH)

4.    TEHSILDAR SIRMAUR DISTRICT REWA (MADHYA
      PRADESH)

5.    KAMLESHWAR PRASAD S/O LALTA PRASAD
      TIWARI, AGED ABOUT 67 YEARS, OCCUPATION:
      PENSIONER AND AGRICULTURIST R/O VILLAGE
      LALGAON TOLA ATARIYA, DISTRICT REWA
      (MADHYA PRADESH)

6.    SHYAMSUNDAR S/O LALTA PRASAD TIWARI,
      AGED ABOUT 59 YEARS, OCCUPATION: SERVICE
      R/O VILLAGE LALGAON TOLA ATARIYA,
                            3
      DISTRICT REWA (MADHYA PRADESH)

7.    RAM PRASAD S/O LALTA PRASAD TIWARI, AGED
      ABOUT 57 YEARS, OCCUPATION: AGRICULTURIST
      R/O VILLAGE LALGAON TOLA ATARIYA,
      DISTRICT REWA (MADHYA PRADESH)

8.    RAMCHANDRA ALIAS SANTOSH S/O LALTA
      PRASAD TIWARI, AGED ABOUT 52 YEARS,
      OCCUPATION: AGRICULTURIST R/O VILLAGE
      LALGAON TOLA ATARIYA, DISTRICT REWA
      (MADHYA PRADESH)

9.    SHIVCHANDRA TIWARI S/O LALTA PRASAD
      TIWARI, AGED ABOUT 46 YEARS, OCCUPATION:
      AGRICULTURIST R/O VILLAGE LALGAON TOLA
      ATARIYA, DISTRICT REWA (MADHYA PRADESH)

                                                              .....RESPONDENTS
(NONE)

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

Petitioners have filed this petition under Article 227 of the Constitution of India challenging order dated 05.05.2022 contained in Annexure-P/1 by which Upper Commissioner heard the appeal on its merits and dismissed the same.

2. It is submitted that order has been passed by Tehsildar on basis of judgement and decree dated 27.07.2012 passed in Civil Suit No.167-A/2011. Learned Commissioner held that judgment and decree passed by civil Court is binding on revenue Court. Order by Tehsildar has been passed on basis of said

judgment and decree.

3. I do not find any illegality in the order passed by Upper Commissioner, Rewa Division, Rewa. Orders passed by civil Court are binding on revenue Court and, therefore, impugned order has been passed. Considering the same, there is no merits in miscellaneous petition, hence, same is dismissed.

(VISHAL DHAGAT) JUDGE shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2023.02.28 14:11:06 +05'30'