Bhagwan Das Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 9389 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                             ON THE 22 nd OF JUNE, 2023
                                          WRIT PETITION No. 13330 of 2023

                          BETWEEN:-
                          1.    BHAGWAN DAS PATEL S/O SHRI UTTAM CHAND
                                PATEL, AGED ABOUT 57 YEARS, OCCUPATION:
                                AGRICULTURIST GRAM TILHARI POST BILHARI
                                TAHSIL AND DISTRICT JABALPUR (MADHYA
                                PRADESH)

                          2.    KHOOB CHAND PATEL S/O SHRI RAMNATH
                                PATEL, AGED ABOUT 67 YEARS, OCCUPATION:
                                AGRICULTURIST R/O GRAM TILHARI POST
                                BILHARI TAHSIL AND DISTRICT JABALPUR M.P.
                                (MADHYA PRADESH)

                          3.    SURENDRA PATEL S/O SHRI UTTAM CHAND
                                PATEL, AGED ABOUT 49 YEARS, OCCUPATION:
                                AGRICULTURIST R/O GRAM TILHARI POST
                                BILHARI TAHSIL AND DISTRICT JABALPUR M.P.
                                (MADHYA PRADESH)

                                                                             .....PETITIONERS
                          (BY SHRI ASHISH RAWAT- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                SECRETARY REVENUE DEPARTMENT VALLABH
                                BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    THE    COLLECTOR J A B A L P U R OFFICE OF
                                COLLECTORATE JABALPUR DISTRICT JABALPUR
                                (MADHYA PRADESH)

                          3.    THE COMPETENT AUTHORITY URBAN LAND
                                CEILING AND REGULATION ACT 1976 AND
                                URBAN LAND CEILING AND REGULATION
                                REPEAL ACT 1999 OFFICE OF COLLECTORATE
                                JABLAPUR DISTRICT JABALPUR (MADHYA
                                PRADESH)

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 6/23/2023
6:22:16 PM
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                          4.    THE TAHSILDAR (RANJHI/TILHARI) OFFICE OF
                                TAHSILDAR       OPPOSITE    GOVERNMENT
                                ENGINEERING COLLEGE JABALPUR DISTRICT
                                JABALPUR M.P. (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                          (BY SHRI GIRISH KEKRE- GOVERNMENT ADVOCATE)

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

This petition has been filed under Article 226 of the Constitution of India by the petitioners wherein they are claiming that in pursuance to the judgment and decree passed in favour of the petitioners, the Tehsildar shall record the name of petitioners in the revenue record.

Shri Girish Kekre appearing for the respondent/State has submitted that unless and until an application is moved before the Competent Authority for getting their name mutated in the revenue, any order cannot be passed by the authority without there being in persuasion to that effect.

In view of the aforesaid, petition is disposed of directing the petitioners to move an application for mutation under the respective provisions before the Competent Authority, if that is done, the authority shall take cognizance of the same and try to conclude the proceedings within 90 days from the date of submitting this order before him, adopting due procedure of law.

Petition is accordingly disposed.

(SANJAY DWIVEDI) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 6/23/2023 6:22:16 PM