STATE OF MP Vs. RATAN DAS

JUDGEMENT

(1.) This is the appeal filed against order of remand dated 29thJuly, 2002 passed by learned 1st Additional Sessions Judge, Dhar, Distt. Dhar intwo Civil Appeals 29A/2000 and 28A/2000 arising out of Civil Suits No. 28A/98and 26A/98, both are dealt by common order and this order shall govern both theappeals.

(2.) The State has assailed the order on the ground that the learned Judge ofthe trial Court while decreeing the suit of the plaintiff had correctly held that theproceedings ought to have been filed under section 57 of M. P. Land RevenueCode 1959 before the Sub-Divisional Magistrate since the plaintiffs weredissatisfied by the taking over of their land by the Collector and jurisdiction ofthe Civil Court was barred under section 57(2) and section 257 of the M.P.L.R.Code. However, the learned Judge of the Appellate Court had erred in decidingthe appeals in favour of the plaintiffs by remanding the suits for re-trial hence thepresent appeal against remand by the State Government.

(3.) The brief facts of the case in a nutshell are that land bearing Survey No.62, 72, 73, 76 and 77 ad-measuring 5.574 hectares in Badanavar Distt. Dharbelonged to plaintiff Dinesh Das and Survey Nos. 51, 52, 54, 56, 62 and 71belonged to plaintiff Ratan Das and was their ancestral property and recordedjagir in the revenue records since 1907-08 and they were in peaceful possessionwhen suddenly in 1974-75 without granting any opportunity of hearing to them the State Government appointed the Collector, Dhar as administrator of their landand temple and entered the same in the revenue records; being aggrieved bothplaintiffs filed Civil Suits for declaration and permanent injunction.