Vindheshwari Prasad Tripathi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16569 MP

                             1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                         BEFORE
           HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                 ON THE 7 th OF OCTOBER, 2023
                WRIT PETITION No. 23025 of 2023

BETWEEN:-
1.    VINDHESHWARI PRASAD TRIPATHI S/O SHRI
      GIRJA PRASAD, AGED ABOUT 78 YEARS,
      OCCUPATION: AGRICULTURIST VILLAGE PURWA
      TEHSIL SEMRIYA DISTRICT REWA (MADHYA
      PRADESH)

2.    SITARAM TRIPATHI S/O SHRI GIRJA PRASAD,
      AGED ABOUT 68 YEARS, VILALGE PURWA, TEHSIL
      SEMRIYA DISTRICT REWA (MADHYA PRADESH)

3.    ASHISH TRIPATHI S/O LATE DILBHARAN PRASAD
      TRIPATHI, AGED ABOUT 33 YEARS, OCCUPATION:
      AGRICULTURIST VILALGE PURWA, TEHSIL
      SEMRIYA DISTRICT REWA (MADHYA PRADESH)

4.    AJAY TRIPATHI S/O LATE DILBHARAN PRASAD
      TRIPATHI, AGED ABOUT 31 YEARS, OCCUPATION:
      AGRICULTURIST VILALGE PURWA, TEHSIL
      SEMRIYA DISTRICT REWA (MADHYA PRADESH)

5.    SARASWATI PRASAD TRIPATHI S/O SHRI
      SATYANARAYAN, AGED ABOUT 46 YEARS,
      OCCUPATION: AGRICULTURIST VILALGE PURWA,
      TEHSIL SEMRIYA DISTRICT REWA (MADHYA
      PRADESH)

6.    LALMANI TRIPATHI S/O SHRI SATYANARAYAN,
      AGED    ABOUT     43   YEARS, OCCUPATION:
      AGRICULTURIST VILALGE PURWA, TEHSIL
      SEMRIYA DISTRICT REWA (MADHYA PRADESH)

7.    RAJEEV   LOCHAN    TRIPATHI    S/O  SHRI
      SATYANARAYAN, AGED ABOUT 41 YEARS,
      OCCUPATION: AGRICULTURIST VILALGE PURWA,
      TEHSIL SEMRIYA DISTRICT REWA (MADHYA
      PRADESH)

8.    UMAKANT TRIPATHI S/O SHRI SATYANARAYAN,
      AGED  ABOUT     39    YEARS, OCCUPATION:
                             2
      AGRICULTURIST VILALGE PURWA, TEHSIL
      SEMRIYA DISTRICT REWA (MADHYA PRADESH)

9.    SHIVAKANT TRIPATHI S/O SHRI SATYANARAYAN,
      AGED    ABOUT     35    YEARS, OCCUPATION:
      AGRICULTURIST VILALGE PURWA, TEHSIL
      SEMRIYA DISTRICT REWA (MADHYA PRADESH)

                                                            .....PETITIONERS
(BY SHRI SAMDARSHI TIWARI - ADVOCATE)

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

2.    COLLECTOR         DISTRICT      REWA    (MADHYA
      PRADESH)

3.    NAIB TAHSILDAR COLLECTOR CIRCLE SHAHPUR
      TAHSIL SEMARIYA DISTRICT REWA (MADHYA
      PRADESH)

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

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

Learned counsel for the petitioners, by the instant petition filed under Article 226 of the Constitution of India, is seeking a direction for the respondent/authority to proceed in their matter of mutation which is pending since 2021 before the Tahsildar. He submits that in pursuance to the judgment and decree passed by the Civil Court in favour of the petitioners, though they have moved an application for mutation before the Tahsildar and on their application, a case got registered, but since the Tahsildar in the matter had sought guidance from the Collector which is still awaited, therefore, the Tahsildar is not proceeding in the matter.

2. In view of the above, this petition is disposed of directing the Tahsildar to pass a final order in the matter even though the guidance or opinion sought from the Collector is not received by the Tahsildar. It is for the Tahsildar to take an independent decision in the matter in accordance with law and pass a final order thereon within a period of three months from the date of receipt of copy of this order.

3. Without expressing any opinion on the merits of the case, the petition filed by the petitioners stands disposed of.

4. However, it is made clear that if opinion of the Collector is necessary in the matter, then the said authority is also directed to take steps in the matter and forward his opinion to the concerning revenue officer as expeditiously as possible.

(SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2023.10.07 15:35:57 +05'30'