Leelawati @ Kalawati vs The State Of Madhya Pradesh
2023 Latest Caselaw 16384 MP

                                                               1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                 ON THE 5 th OF OCTOBER, 2023
                                                MISC. PETITION No. 5780 of 2023

                           BETWEEN:-
                           1.     LEELAWATI @ KALAWATI W/O LATE BEJANATH
                                  KOTHWAR OCCUPATION: NOT MENTIONED, R/O.
                                  VILLAGE SUMEDA POST BIHARA TEHSIL
                                  HUZOOR DISTRICT REWA (MADHYA PRADESH)

                           2.     ANIL KUMAR DAHIYA S/O LATE BEJANATH
                                  KOTHWAR OCCUPATION: NOT MENTIONED R/O
                                  VILLAGE SUMEDA POST BIHARA TEHSIL
                                  HUZOOR DISTRICT REWA (MADHYA PRADESH)

                           3.     SUNIL KUMAR DAHIYA S/O LATE BEJANATH
                                  KOTHWAR OCCUPATION: NOT MENTIONED R/O
                                  VILLAGE SUMEDA POST BIHARA TEHSIL
                                  HUZOOR DISTRICT REWA (MADHYA PRADESH)

                                                                                           .....PETITIONERS
                           (BY SHRI SANKALP KOCHAR - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           COLLECTOR DISTRICT REWA (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                           (BY SHRI DARSHAN SONI - GOVERNMENT ADVOCATE)

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

By the instant petition filed under Article 227 of the Constitution of India, the petitioners are questioning validity of the order dated 11.07.2023 (Annexure P/1) passed by the Executing Court rejecting the request of the petitioners in

Signature Not Verified issuing direction for getting the entries made in the computer record in respect Signed by: SATYA SAI RAO Signing time: 10/6/2023 3:53:34 PM

of the land for which decree of declaration of title has been passed in favour of the petitioners.

2. Counsel for the petitioners submits that in pursuance to the judgment and decree passed by the Civil Court on 30.03.2017, petitioners filed a case for execution and in pursuance thereof, the name of the petitioners were recorded in the revenue record. The Tehsildar has also passed an order in this regard but the computer entries are not being made in respect of the said decree. The petitioners approached the Collector but he has done nothing, therefore, they moved an application before the Executing Court but the same was rejected. However, the Executing Court has clarified the position saying that Collector is

the competent authority to take a decision in this respect and his permission is also mandatory.

3. Considering the aforesaid, this petition is disposed of directing the petitioners to approach the Collector by moving an appropriate application for giving proper implementation to the decree passed in favour of the petitioners and entries in this regard be made in the computer record of the revenue department. It is further made clear that Collector shall take a decision in the matter after ascertaining the fact that decree granted in favour of the petitioners has attained finality as has not been assailed before any of the higher forum or if there is any interim order granted by any of the higher forum staying operation of the decree. If that is not done, the Collector shall take a final decision in the matter within a period of 60 days from the date of submitting copy of this order.

4. With the aforesaid, the petition stands disposed of.

Signature Not Verified Signed by: SATYA SAI RAO Signing time: 10/6/2023 3:53:34 PM

(SANJAY DWIVEDI) JUDGE rao

Signature Not Verified Signed by: SATYA SAI RAO Signing time: 10/6/2023 3:53:34 PM