Shaskiya Karmchari Grih Niman ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 749 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                    ON THE 12 th OF JANUARY, 2023
                    WRIT PETITION No. 911 of 2023

BETWEEN:-
SHASKIYA KARMCHARI GRIH NIMAN SAKHARI
SAMITI CHANDERI THROUGH ITS PRESIDENT
SHRAVAN SHRIVASTAVA S/O SHRI KALYAN PRASAD
SHRIVASTAVA DURGA NAGAR, CHANDERI, TEHSIL
CHANDERI, ASHOKNAGAR (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI J.P. MISHRA - ADVOCATE)

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

2.    COLLECTOR,        ASHOKNAGAR DISTRICT
      ASHOKNAGAR (MADHYA PRADESH)

3.    NAYAB TEHSILDAR , ASHOKNAGAR CIRCLE 01,
      CHANDERI DIST. ASHOKNAGAR (MADHYA
      PRADESH)

                                                            .....RESPONDENTS
(BY SHRI JITESH SHARMA - GOVT. ADVOCATE)

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

The present petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking direction to the Executing Authority to mutate the name of the petitioner in the revenue records on the strength of one decree dated 14.12.2020, wherein the following observations have been made

by the Trial Court as under:-

1- oknh 'kkldh; deZpkjh x`g fuekZ.k lfefr pansjh oknxzLr Hkwfe losZ à ekad ˜ 669 jdck 6]000 gSDVs- fLFkr pansjh ftyk v'kksduxj dk 'kkldh; iV~Vsnkj gSaA 2- oknh oknxzLr Hkwfe ds jktLo vfHkys[kksa esa viuk uke ntZ djkus dk vf/kdkjh gSaA 3- izdj.k dh ifjfLFkfr;ksa esa mHk;i{k viuk&viuk okn O;; Lo;a ogu djsaxsaA 4- vf/koDrk 'kqYd izekf.kr gksus ij fu;ekuqlkj ns; gksA

As per the decree in favour of the present petitioner, he was held entitled to get his name mutated in the revenue records. In that context, he has drawn an execution proceeding before the Executing Court, but till date the name of the petitioner has not been mutated in the revenue records. The reason behind the said non-execution of the said decree is that the State has preferred a second

appeal against the judgment and decree dated 14.12.2020, but the admitted fact is that there is no stay of the execution of the aforesaid judgment and decree in that second appeal.

A limited prayer has been made by the counsel for the petitioner that the Executing Court may be directed to execute the said decree dated 14.12.2020 and mutate the name of the petitioner in the revenue records. He further submits that from the proceedings of the Executing Court, it would be evident that he is trying to get the decree executed, but the Tehsildar on one pretext or other is trying to avoid the said decree on the pretext of filing of the second appeal. So, the direction is required to be issued to the Executing Court to get the decree executed as expeditiously as possible.

Per contra, learned Govt. Advocate submits that since second appeal has already been preferred against the said judgment and decree dated 14.12.2020, the Executing Court should wait till the decision in that second appeal and only thereafter, if second appeal fails, then the name of the petitioner can be mutated.

After hearing counsel for the parties, this Court directs the Executing Court that in case, till next date any stay order is produced by the State with regard to the execution of the judgment and decree dated 14.12.2020, the execution shall not be proceeded, else within a period of 10 days thereafter, the Executing Court should ensure the execution of the decree dated 14.12.2020.

With the aforesaid direction, the petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Adnan ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

RAHMA Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe54 7304e1bc26d2b510cc133f1b56faa63e77b, pseudonym=352E5BC6169A1C65270B76C8 214AD91A9A2E28EB,

N serialNumber=1B0EA1B496C965067285A6 28B81AE07B60D342048B7853E6108263F1 DDCC0F50, cn=ABDUR RAHMAN Date: 2023.01.16 14:08:12 +05'30'