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Smt. Sabra Bi vs The State Of Madhya Pradesh
2024 Latest Caselaw 5975 MP

Citation : 2024 Latest Caselaw 5975 MP
Judgement Date : 27 February, 2024

Madhya Pradesh High Court

Smt. Sabra Bi vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                       HON'BLE SHRI JUSTICE SHEEL NAGU
                                                      &
                                       HON'BLE SHRI JUSTICE VINAY SARAF
                                          ON THE 27 th OF FEBRUARY, 2024
                                          REVIEW PETITION No. 141 of 2024

                          BETWEEN:-
                          1.    SMT. SABRA BI W/O LATE SHEIKH JAMEEL, AGED
                                ABOUT 70 YEARS, OCCUPATION: HOUSE WIFE
                                ASHOKA COLONY NOOR MAHAL BHOPAL ( MP)
                                (MADHYA PRADESH)

                          2.    SHEIKH SALEEM S/O LATE SHEIKH JAMEEL,
                                AGED ABOUT 53 YEARS, OCCUPATION: PRIVATE
                                SERVICE RESIDENTS OF ASHOKA COLONY NOOR
                                MAHAL BHOPAL (MADHYA PRADESH)

                          3.    SHIEKH JAMEEL(DEAD) THROUGH LRS SMT.
                                ANWAR JAHAN W/O LATE SHEIKH NASEEM,
                                AGED   ABOUT    45   YEARS, OCCUPATION:
                                HOUSEWIFE RESIDENTS OF ASHOKA COLONY
                                NOOR MAHAL BHOPAL (MADHYA PRADESH)

                          4.    MOH. SAKEEL S/O LATE SHEIKH JAMEEL, AGED
                                ABOUT    40  YEARS, OCCUPATION: PRIVATE
                                SERVICE RESIDENTS OF ASHOKA COLONY NOOR
                                MAHAL BHOPAL (MADHYA PRADESH)

                          5.    SHEIKH JAVED S/O LATE SHEIKH JAMEEL, AGED
                                ABOUT    38  YEARS, OCCUPATION: PRIVATE
                                SERVICE RESIDENTS OF ASHOKA COLONY NOOR
                                MAHAL BHOPAL (MADHYA PRADESH)

                          6.    SHEIKH ANJUM S/O LATE SHEIKH JAMEEL, AGED
                                ABOUT    36  YEARS, OCCUPATION: VENDOR
                                RESIDENTS OF ASHOKA COLONY NOOR MAHAL
                                BHOPAL (MADHYA PRADESH)

                          7.    SHIEKH JAMEEL(DEAD) THROUGH LRS SHEIKH
                                JUNAID S/O LATE SHEIKH NASEEM, AGED ABOUT
                                30 YEARS, OCCUPATION: VENDOR RESIDENTS OF
                                ASHOKA COLONY NOOR MAHAL BHOPAL
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: YOGESH KUMAR
SHRIVASTAVA
Signing time: 2/29/2024
11:33:00 AM
                                                               2
                          8.    SHIEKH JAMEEL(DEAD) THROUGH LRS SHEIKH
                                BILAL S/O LATE SHEIKH NASEEM, AGED ABOUT
                                27 YEARS, RESIDENTS OF ASHOKA COLONY
                                NOOR MAHAL BHOPAL (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI D.K. DIXIT - SENIOR ADVOCATE WITH SHRI SHAILESH JAIN -
                          ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE SECRETARY DEPARTMENT OF REVENUE
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    COMMISSIONER MUNICIPAL                CORPORATION
                                BHOPAL (MADHYA PRADESH)

                          3.    COLLECTOR     BHOPAL DISTRICT                 BHOPAL
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (NONE)

                                This petition coming on for admission this day, Justice Sheel Nagu
                          passed the following:
                                                               ORDER

Present petition has been filed seeking review of final order dated 09.02.2023 passed in W.P. No.9369/2014 which alongwith other petitions was dismissed following the earlier order passed on 03.02.2023 in W.P. No.9204/2014 (Kausar Hasan vs. State of M.P. and others).

2. After hearing learned senior counsel Shri Dixit alongwith Shri Shailesh Jain, Advocate, this Court finds that review petitioner is trying to rake up the issues on merits which have been consciously decided by this Court by passing a considered judgment in the order under review. The order under review may be erroneous, but we do not find the same to be palpably erroneous to fall within the four corners of the jurisdiction of review.

3. Shri Dixit has tried to raise various disputed questions of fact such as; application for compounding was made but the same was not found in the records of the Corporation and therefore, petitioner cannot be found fault with.

4. Be that as it may. Since there is no error apparent on the face of the record, there is no ground available for reviewing the order under review.

5. Accordingly, present review petition stands dismissed.

6. Dismissal of this petition shall not come in way of petitioner to approach Civil Court in case any dispute regarding title or possession is raised except in regard to Survey No.160 which is exclusively reserved for Siddique Hasan Tank.

                               (SHEEL NAGU)                                               (VINAY SARAF)
                                  JUDGE                                                       JUDGE
                          YS









 
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