[Cites 1, Cited by 0]
Madhya Pradesh High Court
Ankit Babeley vs The State Of Madhya Pradesh on 12 March, 2026
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2026:MPHC-JBP:20012
1 WP-7367-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 12th OF MARCH, 2026
WRIT PETITION No. 7367 of 2026
ANKIT BABELEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anuj Shrivastava - Advocate for the petitioners.
Shri Alok Agnihotri - Government Advocate for the respondents/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed seeking following reliefs:-
(i) Issue a writ of certiorari or any other appropriate
writ, order or direction, quashing the proceedings
initiated and being conducted by the Sub-Divisional
Officer, Kundam, District Jabalpur, via Case No. 01/A-
23/2021-22, under Section 170-B of the Madhya
Pradesh Land Revenue Code, 1959, in respect of land
situated at Khasra No. 512/2, Mauza Dehrikala, Patwari
Halka No. 6/ 12, Tehsil Kundam, District Jabalpur,
M.P., as reflected in Annexure P11, being wholly
without jurisdiction, illegal and void ab initio;
(ii) Issue a writ of mandamus or any other appropriate
writ, order or direction, restraining the Respondent
authorities from taking any coercive or adverse action
against the Petitioners on the basis of the impugned
proceedings under Section 170-B of the Madhya
Pradesh Land Revenue Code, 1959, in relation to the
aforesaid land;
(iii) Grant any other relief that this Honourable Court
deems fit and just in the facts and circumstances of the
case.
2. Learned counsel for the petitioner has drawn attention of this Court
to judgment and decree passed by the Civil Court whereby sale-deeds
NEUTRAL CITATION NO. 2026:MPHC-JBP:20012
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executed in favour of the petitioners have been upheld and the Civil Suit
filed challenging those sale-deeds was dismissed. It is submitted that the
proceedings under Section 170-B of MPLRC were initiated for which they
have filed detailed objection to the respondents as the said proceedings are
without jurisdiction and non est as the Civil Court has already passed the
judgment and decree. The said objection filed by the petitioners has not been
decided till date. Therefore, this petition has been filed seeking direction to
the Authorities to decide the objection filed by the petitioners.
3 . Per contra, learned State counsel has vehemently opposed the
petition averments and prayed for dismissal of the Writ Petition.
4. Heard learned counsel for the parties and perused the record.
5. The record indicates that the objections were filed by the petitioners
on 13/02/2026 and thereafter this petition has been filed within a short period
on 24/02/2026 without even granting breathing time to the Authorities to
dwell upon the objection filed by the petitioners. Petitioners have filed the
order-sheets of the Court of the Sub Divisional Officer to point out that the
Sub Divisional Officer is not taking up the application for consideration.
6 . After filing of application, there are two dates which are reflected
from the order-sheets i.e. 13/02/2026 is the date of filing of objection.
Thereafter, the case was listed on 20/02/2026 and the matter was adjourned
for filing certain documents on the request of the parties. Virtually, only one
date was fixed after filing of the application and thereafter this petition has
been filed on 24/02/2026. Thereafter on 27/02/2026, petitioners themselves
have remained absent before Sub Divisional Officer.
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7 . Taking into consideration all the aforesaid facts of the case, this
Court does not deem it appropriate to issue a mandamus directing the
Authorities to decide the objection filed by the petitioners at the earliest.
Therefore, no relief can be extended to the petitioners.
8 . The petition sans merits and is, accordingly, dismissed. However,
petitioners are at liberty to pursue the matter before the Authorities.
(VISHAL MISHRA)
JUDGE
Shbhnkr
