Smt. Bharti vs The State Of Madhya Pradesh
2024 Latest Caselaw 4789 MP

Madhya Pradesh High Court

Smt. Bharti vs The State Of Madhya Pradesh on 19 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                         WP No. 4199 of 2024
                                          (SMT. BHARTI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 19-02-2024
                                 Shri Gaurav Samadhiya, learned counsel for petitioner.

                                 Shri Vishal Tripathi, learned GA for respondent/State.

Heard on admission/stay.

1. The present petition has been filed under Article 226 of the Constitution taking exception to the order dated 13.02.2024 passed by Naib Tehsildar where a committee has been constituted for taking possession from

the petitioner of the suit property.

2. It is the submission of learned counsel for petitioner that vide judgement dated 23.01.2002 passed by Fifth Additional Sessions, Gwalior, no such direction was given. The said judgment attained finality till the Apex Court. Now, at the instance of some committee members, who are not the trustees, an application has been preferred on which order dated 17.04.2023 has been passed by Executing Court to submit the report of Collector. Misconstrued by the revenue authorities, the impugned order has been passed and they intend to take possessions from the petitioner.

3. Issue notice to the respondents on payment of process fee through R AD mode within three working days, failing which petition would entail dismissal without further reference to the Court. Notice be made returnable within two weeks.

4. Till next date of hearing, effect and operation of impugned order dated 13.02.2024 shall remain stayed.

5. List this matter in the week commencing 11.03.2024.

(ANAND PATHAK) JUDGE Vishal