Smt. Namrata Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 4996 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       WP No. 6983 of 2023
                            (SMT. NAMRATA SHRIVASTAVA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 28-03-2023
                                Petitioner No.1 Smt. Namrata Shrivastava appeared in person.

                                Shri G.P. Singh - Government Advocate for respondents No. 1 and

2/State.

Counsel for the petitioners did not appear in the case when case was called out.

Petitioner No.1 appearing in person submits that she does not want to discharge the Advocate in the case and Advocate will argue the case.

Division Bench of this Court has taken s u o motu cognizance of communication made by Chairman of State Bar Council of M.P asking entire Lawyer community in State of M.P. to abstain from Court work.

In PIL vide order dated 24.3.2023 passed in WP No.7295/2023 in para- 18 following directions were issued:-

"18. Under these circumstances, since the judgment of the Hon'ble Supreme Court has been violated and keeping in mind the interest of the poor litigants, we deem it just and necessary to issue the following directions:-

(i) All the advocates throughout the State of Madhya Pradesh are hereby directed to attend to their court work forthwith. They shall represent their clients in the respective cases before the respective courts forthwith;

(ii) If any lawyer deliberately avoids to attend the court, it shall be presumed that there is disobedience of this order and he will be faced with serious consequences including initiation of proceedings for contempt of court under the Contempt of Courts Act;

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 3/29/2023 10:43:38 AM

(iii) If any lawyer prevents any other lawyer from attending the court work, the same would be considered as disobedience of these directions and he will be faced with serious consequences including initiation of proceedings under the Contempt of Courts Act;

(iv) Each of the judicial officers are directed to submit a report as to which lawyer has deliberately abstained from attending the court;

(v) The judicial officers shall also mention the names of advocates who have prevented other advocates from entering the court premises or from conducting their cases in the court;

(vi) Such advocates shall be dealt with seriously which may even include proceedings under the Contempt of Courts Act as well as being debarred from practice." Division Bench had issued directions to Advocates to attend the Court work forthwith and to represent their clients in their respective cases. If abstention from work is deliberate then Advocate will have to face serious consequences including initiation of contempt petition.

In view of same, as Advocates for the parties are not appearing in the case, Registry is directed to issue show cause notice to counsel for the petitioner(s), whose name appear in the Vakalatnama to give explanation why Contempt Proceedings may not be initiated against him/her/them for deliberate violation of order dated 24.3.2023 passed in W.P No.7295/2023.

Petitioners have filed this petition under Article 226 of the Constitution of India challenging order dated 17.02.2023, by which Naib Tehsildar, T.T. Nagar, Bhopal has dismissed application for mutation.

Petitioner No.1 appearing in person submitted that a report was prepared and presented before Tehsildar by Nazul Officer that land in question i.e. Khasra No. 1416/2, total area measuring 19.502 hectares, is entered in name of Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 3/29/2023 10:43:38 AM

smart city. On basis of said report, application was dismissed. Party informed that originally lease deed was issued in favour of Smt. Pushpa Shrivastava and lease was valid till 31.03.2023. During validity of lease period, Smt. Pushpa Shrivastava died on 11.11.2006 and thereafter, her husband namely Dr. Ashok Shrivastava also died on 29.08.2021. It is submitted that no notices has been issued to petitioners, neither any information has been given that their lease deed has been cancelled and land has been entered in name of smart city. It is also submitted that petitioners did not have any effective alternate remedy as appellate authority may also pass the same order as land has been entered in revenue records in name of smart city.

Heard the petitioner No. 1 appearing in person. Considering the facts and circumstances of the case, notices be issued to respondents by ordinary as well as registered mode on payment of process fee within seven days.

Parties are directed to maintain status quo in respect of land of Survey No.9, Plot No. 22, measuring 2400 Sq. Ft., situated at MLA Quarters House, North T.T. Nagar, Bhopal till next date of hearing.

List the matter in week commencing 01.05.2023. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 3/29/2023 10:43:38 AM