Ramkishore Saket vs Ramayan Prasad
2023 Latest Caselaw 739 MP

Citation : 2023 Latest Caselaw 739 MP
Judgement Date : 12 January, 2023

Madhya Pradesh High Court

Ramkishore Saket vs Ramayan Prasad on 12 January, 2023

Author: Vivek Agarwal

                                                              1
                                   IN    THE     HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                   ON THE 12 th OF JANUARY, 2023
                                                   MISC. PETITION No. 698 of 2020

                                  BETWEEN:-
                                  1.    RAMKISHORE SAKET S/O LATE CHHOTIKVA
                                        CHAMAR SAKET, AGED ABOUT 55 YEARS,
                                        OCCUPATION: AGRICULTURIST, R/O VILLAGE
                                        BORENAI THSIL RAMPUR BAGHELAN DIST
                                        SATNA (MADHYA PRADESH)

                                  2.    SHYAMSHUNDAR SAKET S/O LATE SHRI
                                        CHHOTKVA CHAMAR (SAKET), AGED ABOUT 58
                                        Y E A R S , OCCUPATION: AGRICULTRIST, R/O
                                        VILLAGE BORENAI THSIL RAMPUR BAGHELAN
                                        DIST SATNA (MADHYA PRADESH)

                                  3.    SMT. SUSHILA SAKET W/O LATE SHRI AMRITLAL
                                        SAKET, AGED ABOUT 45 YEARS, OCCUPATION:
                                        HOUS EWIFE R/O VILLAGE BORENAI THSIL
                                        RAMPUR BAGHELAN DIST SATNA (MADHYA
                                        PRADESH)

                                  4.    KHUSHBOO SAKET D/O LATE SHRI AMRITLAL
                                        SAKET, AGED ABOUT 18 YEARS, OCCUPATION:
                                        S T U D E N T, R/O VILLAGE BORENAI THSIL
                                        RAMPUR BAGHELAN DIST SATNA (MADHYA
                                        PRADESH)

                                  5.    GANDRAJ SAKET S/O LATE SHRI AMRITLAL
                                        SAKET, AGED ABOUT 24 YEARS, OCCUPATION:
                                        AGRICULTURIST R/O VILLAGE BORENAI THSIL
                                        RAMPUR BAGHELAN DIST SATNA (MADHYA
                                        PRADESH)

                                  6.    ABHIRAJ SAKET S/O LATE SHRI AMRITLAL
                                        SAKET, AGED ABOUT 22 YEARS, OCCUPATION:
                                        AGRICULTURIST, R/O VILLAGE BORENAI THSIL
                                        RAMPUR BAGHELAN DIST SATNA (MADHYA
                                        PRADESH)
Signature Not Verified
  SAN


                                  7.    DEORAJ SAKET S/O LATE SHRI AMRITLAL
Digitally signed by TULSA SINGH
Date: 2023.01.13 17:17:13 IST           SAKET, AGED ABOUT 14 YEARS, OCCUPATION:
                                        STUDENT, MINOR THR. NATURAL GUARDIAN
                                                              2
                                        MOTHER SMT. SUSHILA SAKET, R/O VILLAGE
                                        BORENAI THSIL RAMPUR BAGHELAN DIST
                                        SATNA (MADHYA PRADESH)

                                  8.    CHUNKA SAKET S/O SHRI FOKKA CHAMAR,
                                        AGED   ABOUT      55   YEARS, OCCUPATION:
                                        AGRICULTURIST, R/O VILLAGE BORENAI THSIL
                                        RAMPUR BAGHELAN DIST SATNA (MADHYA
                                        PRADESH)

                                  9.    KODUA SAKET S/O SHRI FOKKA CHAMAR, AGED
                                        ABOUT 58 YEARS, OCCUPATION: AGRICULTURIST
                                        R/O VILLAGE BORENAI THSIL RAMPUR
                                        BAGHELAN DIST SATNA (MADHYA PRADESH)

                                                                                            .....PETITIONERS
                                  (BY SHRI KAILASH DEV SINGH - ADVOCATE)

                                  AND
                                  1.    RAMAYAN PRASAD S/O KAMTA PRASAD
                                        BRAHMIN, AGED ABOUT 80 YEARS, OCCUPATION:
                                        AGRICULTURIST R/O VILLAGE MAJHIVAR,
                                        TAHSIL RAMPUR BAGHELAN, DIST SATNA
                                        (MADHYA PRADESH)

                                  2.    UPPER COMMISSIONER REWA REWA DIVISION,
                                        REWA (MADHYA PRADESH)

                                  3.    SUB DIVISIONAL OFFICER, RAMPUR BAGHELAN,
                                        DISTT SATNA (MADHYA PRADESH)

                                  4.    NAYAB TAHSILDAR, TEH. RAMPUR BAGHELAN
                                        DISTT SATNA (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                  (BY SHRI V.C. RAI - ADVOCATE FOR RESPONDENT NO.1)
                                  (BY SHRI AMIT MISHRA - PANEL LAWYER FOR RESPONDENTS NO.2 TO 4)

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

This petition is filed being aggrieved of orders dated 06/12/2007 (Annexure-P/1) passed by Additional Commissioner, Rewa Division, Rewa, Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.01.13 17:17:13 IST 10/12/2019 (Annexure-P/3) passed by learned Board of Revenue in Revision

Case No.Three/534/2011 whereby Board of Revenue has held that demarcation proceedings were undertaken on 30/10/2005. Petitioners were present as is apparent from the Panchnama but they had refused to sign the Panchnama, thus, as per the law laid down Vidyakant Vs. Ganesh Kumar, 2006 RN 133 = 2006 2 CGRJ 133, Athaiya and others Vs. State of M.P. and another, 2001 RN 75, it is held that if a party refuses to sign the Panchnama, then it cannot be said that he was not present and proceedings for demarcation were drawn behind his back.

In view of such facts, it is evident that petitioners claiming title over the land in question on account of long uninterrupted hereditary possession. On this very ground, learned Additional Commissioner had accepted the appeal vide order dated 31/01/2011 but in this regard learned Board of Revenue has placed reliance on the judgment of Hon'ble Supreme Court in the case of State of Rajasthan Vs. Harphool Singh (Dead) through his LRs, (2000) 5 SCC 652 and Deva (dead) through LRs Vs. Sajjan Kumar (dead) through LRs, 2004 (1) Vidhi Bhasvar 176 that mere long possession is not a sufficient ground to claim title.

In view of such facts, when demarcation had taken place on 30/10/2005 and the Panchnama which was prepared clearly make a mention of the fact that all the parties were present but some of them refused to sign the Panchnama,

then impugned order passed by learned Board of Revenue cannot be faulted with in the supervisory jurisdiction of this High Court.

Accordingly, the writ petition fails and is hereby dismissed.

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.01.13 17:17:13 IST (VIVEK AGARWAL) JUDGE

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.01.13 17:17:13 IST