Imrat Kushwaha vs Smt. Hari Bai Kushwaha
2023 Latest Caselaw 7576 MP

                            1
 IN    THE    HIGH COURT OF MADHYA PRADESH
                   AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                   ON THE 9 th OF MAY, 2023
                MISC. PETITION No. 4361 of 2021

BETWEEN:-
1.    IMRAT KUSHWAHA S/O LATE SHRI BALIRAM
      KUSHWAHA,   AGED   ABOUT    55 YEARS,
      OCCUPATION: FARMER BEHIND NEW GALLA
      MANDI INDRA WARD GADARWARA DISTT.
      NARSINGHPUR (MADHYA PRADESH)

2.    INDRAJEET KUSHWAHA (DEAD) THR. LRS. SMT.
      NIMA KUSHWAHA W/O LATE SHRI INDRAJEET
      KUSHWAHA, AGED ABOUT 46 YEARS, BEHIND
      NEW GALLA MANDI INDRA WARD GADARWARA
      DISTT. NARSINGHPUR (MADHYA PRADESH)

3.    RAM KRISHNA KUSWAHA S/O LATE SHRI
      INDRAJEET,  AGED   ABOUT    28 YEARS,
      OCCUPATION: FARMER BEHIND NEW GALLA
      MANDI INDRA WARD GADARWARA DISTT.
      NARSINGHPUR (MADHYA PRADESH)

4.    RAM MANOHAR S/O LATE SHRI INDRAJEET
      KUSHWAHA,   AGED   ABOUT    25 YEARS,
      OCCUPATION: FARMER BEHIND NEW GALLA
      MANDI INDRA WARD GADARWARA DISTT.
      NARSINGHPUR (MADHYA PRADESH)

5.    DURGA PRASAD KUSHWAHA S/O LATE SHRI
      BALIRAM KUSHWAHA, AGED ABOUT 40 YEARS,
      OCCUPATION: FARMER VBEHIND NEW GALLA
      MANDI INDRA WARD GADARWARA DISTT.
      NARSINGHPUR (MADHYA PRADESH)

                                                  .....PETITIONERS
(BY SHRI SAKET MALIK - ADVOCATE)

AND
1.    SMT. HARI BAI KUSHWAHA W/O LATE SHRI
      RAVIPRAKASH @ RAKESH KUSHWAHA BAI
      KHERMAI TEHSIL AND DISTT. JABALPUR
      (MADHYA PRADESH)
                                     2

2.    SMT. BHUJIYA BAI W/O SHRI MUNNALAL
      K U S H WA H A VILLAGE KATTOHIYA TEH.
      TENDUKHEDA (MADHYA PRADESH)

3.    SMT. KATTO BAI W/O SHRI LALJI KUSHWAHA
      SABJI MANDI BAHRELI TEH. BARELI (MADHYA
      PRADESH)

4.    SMT. KUSUM BAI W/O SRI TARACHAND
      JANAKPUR TEH. BARELI (MADHYA PRADESH)

5.    SMT. MANKUNWAR BAI W/O SHRI RAJKUMAR
      PAT E L H.NO. 228 BARARU TEH. AND DISTT.
      (MADHYA PRADESH)

6.    ADDITIONAL    COMMISSIONER    DIVISIONAL
      DIVISION JABALPUR (MADHYA PRADESH)

                                                              .....RESPONDENTS
(NONE)

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

Petitioners have filed this petition under Article 227 of the Constitution of India challenging order dated 23.11.2021 (Annexure-P/14) by which application for grant of interim relief has been dismissed.

2. Petitioners have already preferred an appeal before appellate authority. In view of judgment of Apex Court reported in (2009) 16 SCC 766, Delhi Gate Auto Service Station and others vs Bharat Petroleum Corporation Limited, Agra through Senior Divisional Manager and others, petition is not maintainable, therefore, same is dismissed.

3. Petitioners are at liberty to prosecute pending appeal and same shall be considered expeditiously. Appellate authority will not be influenced by order of dismissal of the miscellaneous petition.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2023.05.09 15:15:59 +05'30'