Madhya Pradesh High Court
Manoj Kumar Jain vs The State Of Madhya Pradesh on 22 June, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 22 nd OF JUNE, 2023
WRIT APPEAL No. 291 of 2023
BETWEEN:-
1. MANOJ KUMAR JAIN, S/O LATE MOHAN
CHANDRA JAIN, AGED ABOUT 46 YEARS,
OCCUPATION: BUSINESSMAN R/O NAGAR
PALIKA ROAD, AMARPATAN, DISTRICT-SATNA
(MADHYA PRADESH)
2. RAJ KUMAR JAIN, S/O LATE MOHAN CHANDRA
JAIN, AGED ABOUT 41 YEARS, OCCUPATION:
BUSINESSMAN, R/O NAGAR PALIKA ROAD
AMARPATAN, DISTRICT SATNA (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI Y.M. TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH, THROUGH
COLLECTOR AND DISTRICT MAGISTRATE,
DISTRICT-SATNA (MADHYA PRADESH)
2. SUB DIVISIONAL MAGISTRATE, SUB DIVISION
A M A R PATA N , DISTRICT SATNA (MADHYA
PRADESH)
3. PRASANNA KUMAR JAIN, S/O PRAKASH
CHANDRA JAIN, AGED ABOUT 48 YEARS,
OCCUPATION: CLOTH MERCHANT, R/O MAIHAR
ROAD AMARPATAN, DISTRICT SATNA (MADHYA
PRADESH)
4. PRAKASH CHANDRA JAIN, S/O SHRI MANGALI
PRASAD JAIN, AGED ABOUT 82 YEARS, R/O
MAIHAR ROAD AMARPATAN, DISTRICT SATNA
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 6/28/2023
2:48:37 PM
2
(MADHYA PRADESH)
5. ADMINISTRATOR, CHIEF MUNICIPAL COUNCIL,
AMARPATAN, DISTRICT SATNA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE FOR RESPONDENTS
NO.1 AND 2/STATE)
This appeal coming on for admission this day, the Court passed the
following:
ORDER
Assailing the order dated 07.02.2023 passed by the learned Single Judge
rejecting the application for grant of stay and finally dismissing the Writ Petition
No.10517 of 2021, the writ petitioners, are in appeal.
2. The case of the writ petitioners is that they have challenged the orders
dated 23.03.2020 and 02.03.2021 regarding mutation proceedings in absence of
any consideration with respect to the resolution passed by the Chief Municipal
Officer/Administrator in favour of the writ petitioners. It is their case that the
authorities have totally ignored the certificate given by the councillor after
making the spot panchnama. The Administrator have totally ignored the spot
panchnama, certificate of councillor, factum of possession of writ petitioners
and the compromise which was entered into between the parties on 01.10.2007
observing that in the civil suit the writ petitioners have already filed a case and
the same has attained finality as they have not preferred any appeal, therefore,
directed for mutation of the property in the name of the opposite party. The
appeal preferred under section 308 of the Madhya Pradesh Municipalities Act,
1961 was also dismissed. The same was assailed by filing a writ petition before
this Court.
3. The writ court observed that there was no question of grant of stay or
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 6/28/2023
2:48:37 PM
entertaining the application for grant of stay as almost two years period has
passed from the date of decision of that application itself. No illegality appears
to have been committed by the writ court with regard to the aforesaid aspect.
4. As far as merits of the case are concerned, from a perusal of the record it
is seen that there was a civil suit filed by the writ petitioners for declaration and
for restraining the respondent No.4 from raising any construction over the
property. The Civil Suit No.5-A/2008 was dismissed and the same has attained
finality as there was no challenge to the judgment and decree passed by the civil
court. The aforesaid averment finds place in paragraph 5.10 of the petition.
They are merely claiming right over the property in question only on the basis of
the certificate issued by the councillor. The same cannot be adjudicated in a
petition under Article 226 of the Constitution of India and even in the writ
appeal. These are all disputed questions of fact accompanied with the finding of
the civil court which has not been challenged by the writ petitioners at any point
of time. These are only the mutation proceedings which are being carried out on
the basis of the judgment and decree passed by the learned trial Court. Hence,
no legal right that is accrued to the writ petitioners could be pointed out. Under
these circumstances, no relief can be extended to the writ petitioners.
5. The writ appeal sans merit and is accordingly dismissed. No order as to
costs.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
taj
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 6/28/2023
2:48:37 PM
