Ram Govind vs The Sub Divisional
2024 Latest Caselaw 6683 MP

Madhya Pradesh High Court

Ram Govind vs The Sub Divisional on 5 March, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                    ON THE 5 th OF MARCH, 2024
                  WRIT PETITION No. 4799 of 2024

BETWEEN:-
RAM GOVIND S/O IMRATLAL, AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURIST CASTE TELI R/O
PATWARI HALKA NO. 84 RAJASV NEEREKSHAK
MANDAL MAHENDVANI TEHISL SEHPURA DISTRICT
DINDORI (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI RAKESH KUMAR SAHU - ADVOCATE)

AND
1.    THE SUB DIVISIONAL OFFICE (REVENUE) TEHSIL
      SEHPURA    DISTRICT    DINDORI   (MADHYA
      PRADESH)

2.    THE     TEHSILDAR, MAHENDVANI PATWARI
      HALKA NO.84 RAJASV NEEREKSHAK MANDAL
      TEHSIL SEHPURA DISTRICT DINDORI (MADHYA
      PRADESH)

3.    THE    REVENUE     INSPECTOR MEHNDVANI
      PATWARI HALKA NO.84 RAJASV NEEREKSHAK
      M ANDAL TEHSIL SEHPURA DISTRICT DINDORI
      (MADHYA PRADESH)

4.    RAFIK KHAN S/O MAJEED KHAN, AGED ABOUT 50
      YEAR S, OCCUPATION: BUSINESS R/O VILLAGE
      MEHENDVANI TEHSIL SEHPURA DISTRICT
      DINDORI (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI SWAPNIL GANGULY - DEPUTY GOVERNMENT ADVOCATE )

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

This petition under Article 226 of Constitution of India has been filed seeking following reliefs:

"It is therefore prayed that the Hon'ble court may kindly be pleased to issue a direction to respondent SDM Shehpura, Dist. Dindori to decide early the revenue case pending before him under section 52 M.P.L.R.C. 1959 vide parties name Rafik Khan vs Ramagovind in the light of judgment passed by. That, it is pertinent to mention that vide Annexure P-1 a judgment has been passed by Copy of the judgment has been passed by Hon'ble Apex Court Civil Appeal No.4296/2023 decided on 20.02.2023 direction was given for early disposal of cases certain direction was issued as per Head note of the Judgment. All the court at District and Taluka level shall ensure that written statement is filed within the prescribed limit namely as prescribed under Order VIII Rule 1 and peferably within 30 days and to assign reasons in indicated under provision to Sub-Rule (1) of Order VIII of CPC Copy of the judgment has been passed by Hon'ble Apex Court is filled herewith as Annexure P-1.

To grant any other relief as may be deemed fit and proper while looking to the facts and circumstances of the case."

2. It is submitted by counsel for petitioner that SDO (Revenue) Shehpura, District Dindori by order dated 22.11.2023 has passed the interim order in case No.125/A-6A/2023-2024, therefore, further proceedings in Revenue Case No.5/A-70/2023-2024 pending before the Court of Tahsildar has been stayed. It is submitted that SDO (Revenue) Shehpura, District Dindori be directed to decide the case No.125/A-6A/2023-24 at the earliest.

3. Considered the submissions made by counsel for petitioner.

4. Without disturbing the calender of Board of SDO (Revenue), Shehpura,

District Dindori, it is directed that SDO (Revenue) Shehpura, District Dindori shall decide the matter as early as possible without any further delay.

5. With aforesaid observation, petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE SR*