Har Prasad vs Badri Prasad
2023 Latest Caselaw 1475 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                              ON THE 25 th OF JANUARY, 2023
                                             MISC. PETITION No. 1071 of 2022

                          BETWEEN:-
                          HAR PRASAD S/O RADHEKISHAN, AGED ABOUT 58
                          YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE
                          TIGRA DISTRICT RAISEN M.P. (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI M.P. SHUKLA-ADVOCATE )

                          AND
                          BADRI PRASAD S/O LATE RAMLAL AHIRWAR
                          OCCUPATION: NIL R/O AJAY NAGAR SHAHPURA
                          BHOPAL M.P. (MADHYA PRADESH)

                                                                                    .....RESPONDENTS


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

This miscellaneous petition has been preferred by petitioner Har Prasad

challenging the order dated 10.01.2022 (Annexure P/5) passed by Additional Commissioner, Bhopal Division, Bhopal in case no.0046/Appeal/2021-2022, whereby learned Additional Commissioner has set aside the orders dated 19.04.2018 and 08.04.2019 passed by Naib Tahsildar and S.D.O. respectively on the ground that sale deed dated 07.12.2010 has not been cancelled by the judgment and decree dated 05.12.2016 passed by District Judge, Raisen.

2. Learned counsel for the petitioner submits and concedes that

Signature Not Verified S.A.No.50/2017 filed against the judgment and decree dated 05.12.2016 is still Signed by: S HUSHMAT HUSSAIN Signing time: 1/27/2023 11:04:26 AM

pending before the High Court, which is listed today.

3. In view of the aforesaid and in my considered opinion, learned Additional Commissioner has not committed any illegality in passing the order dated 10.01.2022. However, liberty is reserved with the petitioner Har Prasad to file an application under Sections 109 and 110 of the Madhya Pradesh Land Revenue Code, 1959 after final decision in S.A.No.50/2017.

4. With the aforesaid observations, this miscellaneous petition is disposed off.

5. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 1/27/2023 11:04:26 AM