Santosh @ Yogesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 6587 MP

Madhya Pradesh High Court

Santosh @ Yogesh vs The State Of Madhya Pradesh on 4 March, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                  ON THE 4 th OF MARCH, 2024
                                               SECOND APPEAL No. 3228 of 2019

                           BETWEEN:-
                           SANTOSH @ YOGESH S/O SHRI CHHOTELAL, AGED
                           ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST, R/O
                           VILLAGE MOTINALA TEHSIL BICHHIYA, DISTRICT
                           MANDLA (MADHYA PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI GHANSHYAM SHARMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 TA H S I L D A R , TEHSIL BICHHIYA DISTRICT
                                 MANDLA (MADHYA PRADESH)

                           2.    COLLECTOR MANDLA,                DISTRICT MANDLA
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS.GARIMA TIWARI - PANEL LAWYER)

                                 This appeal coming on for admission this day, th e court passed the

                           following:
                                                               ORDER

Records are received.

At the outset, learned counsel for the appellant submits that appellant has lost in both the courts.

The appellant/plaintiff filed Civil Suit No.22-A/2016 before the trial court for declaration and permanent injunction from eviction on the ground that on the basis of 'patta' in respect of land situated in village Motinala, PH No.55,

R.I.Circle, Mavai, Tahsil Bichhiya, District Mandla having Survey No.244/10, area 0.400 hectares and adverse possession right has been created in favour of plaintiff over the suit property but the Tahsildar vide order dated 17.2.2016 has cancelled the 'patta'.

It is also submitted that trial Court in paragraph 5 of judgment has stated that 'patta' granted to Santosh has not been filed.

After arguing for sometime learned counsel for the appellant seeks to withdraw this appeal with liberty that he may be permitted to apply again before the competent authority for grant of 'patta' over the suit land.

There is no opposition. Prayer is allowed.

Accordingly, this second appeal is dismissed as withdrawn with liberty as prayed for. It is made clear that if an application is made by the appellant then competent authority shall decide the same on merits without being influenced by this order.

Let record of the concerned courts be sent alongwith copy of this order.

(AVANINDRA KUMAR SINGH) JUDGE RM