Madhya Pradesh High Court
Ram Kishan Korku vs The Commissioner Narmadapuram on 17 March, 2023
Author: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 17 th OF MARCH, 2023
MISC. PETITION No. 1074 of 2021
BETWEEN:-
RAM KISHAN KORKU S/O SHRI SAWAI SINGH KORKU,
AGED ABOUT 68 YEARS, OCCUPATION:
AGRICULUTRIST VILLAGE RIZGAON TAH. AND P.S.
HANDIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)
AND
1. THE COMMISSIONER NARMADAPURAM THRO.
DIVISION HOSHANGABAD (MADHYA PRADESH)
2. THE SUB DIVISIONAL OFFICER (REVENUE)
HARDA DISTT. HARDA (MADHYA PRADESH)
3. THE NAYAB TAHSILDAR H A N D I YA CIRCLE
ABGAONKALA, DISTT. HARDA (MADHYA
PRADESH)
4. SMT. NEETU SINGH W/O SHRI SHREERISH SINGH
TOMAR OCCUPATION: AGRICULTURIST VILLAGE
RIZGAON , DISTT. HARDA, AT PRESENT NEAR
NEHRU STADIUM INFRONT OF GURJAR
BORDING HIG COLONY HARDA, DISTT. HARDA
(MADHYA PRADESH)
5. KALLU S/O SHRI RAM BHAROS OCCUPATION:
NOT MENTION VILLAGE RIZGAON, TEH.
HANDIYA, DISTT. HARDA (MADHYA PRADESH)
6. DEVI SINGH S/O SHRI MANOHAR SINGH
OCCUPATION: NOT MENTION VILLAGE RIZGAON,
TEH. HANDIYA, DISTT. HARDA (MADHYA
PRADESH)
7. RADHE SHYAM S/O SHRI MANOHAR SINGH
Signature Not Verified
OCCUPATION: NOT MENTION VILLAGE RIZGAON,
Signed by: KRISHNA SINGH
Signing time: 3/21/2023
11:29:53 AM
2
TEH. HANDIYA, DISTT. HARDA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRANJAL DIWAKAR - ADVOCATE FOR RESPONDENT/STATE)
(BY SHRI UMA SHANKAR TIWARI - ADVOCATE FOR RESPONDENT NO.4)
This petition coming on for admission, this day, the court passed the
following:
ORDER
This is a petition preferred by the petitioner assailing the order dated
24.12.2020 contained in Annexure P-4 passed in Case No.0015/Appeal/2019-20
by Commissioner, Narmadapuram Division, Hoshangabad.
Learned counsel for the petitioner contends that an appeal under Section
250 of M.P. Land Revenue Code was moved by Respondent No.4 before the
Tahsildar, District Harda. The matter was then assigned to Naib Tahsildar,
Handia, District Harda who passed an order dated 29.01.2018 (Annexure P-2)
and accordingly, dismissed the said appeal.
Assailing the order dated 29.01.2018, an appeal was preferred by the
respondent No.4 before the Sub Divisional Officer. The Sub Divisional Officer
vide order dated 30.01.2019, allowed the appeal and directed the Tahsildar
Handia, District Harda to initiate proceedings under Section 250 of M.P. Land
Revenue Code. Assailing the said order dated 30.01.2019, the present petitioner
filed another appeal before the Commissioner, Narmadapuram, Division
Hoshangabad. The said appeal has been disposed off vide order dated
24.12.2020, by which the matter has again been remitted back to the Sub
Divisional Officer to decide the case, in view of the orders passed in the Civil
Suit No.16-A/17 and subsequent civil appeal which was registered vide
R.C.No.90/2017 and also a Miscellaneous Appeal which is pending
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 3/21/2023
11:29:53 AM
consideration before this Court vide M.A.No.1021/2018.
Learned counsel for the petitioner contend that the Commissioner,
Division Narmadapuram in view of the judgment and decree passed in the Civil
Suit No.16-A/2017 and also in view of the judgment and decree in subsequent
appeal has remitted back the matter to the Sub Divisional Officer whereas in the
Civil Suit, the property in dispute i.e, Khasra No.15/7 is not involved. On the
contrary, in the civil suit, the property which is situate on Khasra No.99/19 and
99/20 is the subject matter of the litigation. Thus, it is contended by the counsel
that the present case pertains to Khasra No.15/7 which has no nexus with the
subject matter of the civil suit and the subsequent appeal which has been
referred by the Comissioner, Division Narmadapuram, Hoshangabad, thus
submit that the impugned order be quashed.
Counsel for the respondent No.4 does not dispute that the reference in
the order impugned has been made in respect of a suit as well as appeal which
does not pertain to Khasra No.15/7 which was the subject matter of application
filed by the Respondent No.4 under Section 250 of M.P. Land Revenue Code.
Having heard the submission and in view of the consensus arrived at
between the parties, the order impugned, on the face of it has been passed on
misconceived notion and accordingly, the same stands quashed.
The matter is remitted back to the Comissioner, Narmadapuram Division,
Hoshangabad, to take decision on the appeal preferred by the petitioner vide
Case No.No.0015/Appeal/2019-20 within a period of 90 days from the date of
production of certified copy of this order while extending opportunity of
hearing to all concerned.
With the aforesaid, this petition stands allowed to the extent indicated
herein.
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 3/21/2023
11:29:53 AM
Certified copy as per Rules.
(MANINDER S. BHATTI)
JUDGE
veni
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 3/21/2023
11:29:53 AM
