Ms. Emrald Industries Gwalior ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 3563 MP

                                                              1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 28 th OF FEBRUARY, 2023
                                                MISC. PETITION No. 896 of 2023

                           BETWEEN:-
                           MS. EMRALD INDUSTRIES GWALIOR PARTNER
                           SANJAY BHANSALI S/O LATE SHRI GYAN CHANDRA
                           BHANSALI, AGED ABOUT 68 YEARS, OCCUPATION:
                           BUSINESS,  R/O JAWAHAR     COLONY LASHKAR
                           GWALIOR (M.P.) CURRENT R/O GYAN GANGA NADI
                           GATE, LASHKAR, GWALIOR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI R.K. SONI- ADVOCATE )

                           AND
                            STATE OF MADHYA PRADESH THROUGH COLLECTOR
                           GWALIOR (M.P.), OFFICE OF CITY CENTER, GWALIOR
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI S.K. SHARMA- GOVERNMENT ADVOCATE )

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

This petition under Article 227 of the Constitution of India has been filed against the order dated 28/10/2022 passed by Additional Commissioner, Gwalior, Division Gwalior in case no.364/2022-23/Appeal by which the allotment of land in favour of the seller from whom the petitioner had purchased the land has been set aside.

It is submitted by the counsel for the petitioner that the petitioner has already filed a civil suit, therefore, he may be granted liberty to prosecute the Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 28-02-2023 07:33:23 PM

same. It is further submitted that the trial Court may be directed to decide the suit without getting influenced or prejudiced by any of the findings recorded by the Revenue Authorities.

Heard the learned counsel for the parties. Since the order under challenge has been passed under the provisions of MPLR Code, therefore, the Civil Court cannot ignore the applicability of Section 257 of MPLR Code. Accordingly, it is directed that subject to the applicability of Section 257 of MPLR Code as well the judgment passed by Hon'ble Supreme Court in the case of State of M.P. Vs. Dhulabhai reported in AIR 1969 SC 78, the trial Court shall decide the trial in accordance with law.

With aforesaid observations, the petition is dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE vpn

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 28-02-2023 07:33:23 PM