Citation : 2023 Latest Caselaw 10536 MP
Judgement Date : 10 July, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 15022 of 2023
(LEKHARAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-07-2023
Ms. Tulika Gulati - Advocate for the petitioner.
It is submitted that order of the Additional Commissioner, Sagar Division
Sagar, dated 18.04.2023, passed in Case No./0907/Appeal/A-70/2017-2018
(Lekhram Ahirwar Vs. Halkaiyan @ Halke Basor etc.), is illegal, inasmuch as,
unless the judgment and decree passed by the competent Civil Court i.e. the
Court of III Civil Judge, Class-I, Chhatarpur, in Civil Suit No.52-A/2011,
whereby, petitioner/plaintiff Lekhram Ahirwar was declared as Bhumiswami of
the land contained in Survey No.397/1, measuring 1.615 hectare is set aside by
a competent Court. Additional Commissioner could not have directed to
register said land in name of the State Government.
Issue notice to the respondents on payment of Process Fee within seven
days by registered A.D.post, returnable within four weeks.
Till then, order of the Addl. Commissioner, Sagar, dated 18.04.2023, shall remain stayed. However, it is directed that petitioner will also not create
any third party right over the suit land, during the pendency of this petition.
(VIVEK AGARWAL) JUDGE
A.Praj.
Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 7/10/2023 7:53:45 PM
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