BADRI PRASAD TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this Writ Appeal filed u/S. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, the appellant assails the order passed by learned Single Judge dtd. 22/10/2020 passed in WP No. 8013/2020 whereby the petition filed by the appellant was dismissed.

(2.) Shorn of unnecessary details, the relevant facts as projected by the appellant are that in the year 1971 the respondent No. 2 Trust was registered under the M.P. Trust Act, 1951 (for short "Trust Act"). The trust owned land comprised in Survey No. 95 area 8.5 hectare. In the year 1976, six bighas of land belonging to the Trust was acquired by the State for Scheme No. 32 of Town Improvement Trust (TIT) Ratlam. Further, 24 bighas of land of the Trust was acquired for Scheme No. 55 of Ratlam Municipal Corporation in the year 1991. One Suresh Gurjar was elected as President of the Trust in the year 1995. On 14/8/2001, the Registrar Public Trust granted permission to respondent No. 2 to sell 1.800 hectare (nine bighas) of land to the present appellant. Accordingly, through a registered sale deed dtd. 30/8/2001 (Annexure P/3), the petitioner got 1.800 hectare land out of Survey No. 95.

(3.) A Civil suit was filed by the trust through the then President challenging the said sale deed of petitioner on 2/8/2006. This Civil Suit bearing number 56A/14 (re-numbered) was dismissed by civil court by passing a judgment and decree Annexure P/4. First Appeal No. 10/2017 was filed by the Trust against the said judgment. The interim application filed in the First Appeal was dismissed on 22/11/2017 (Annexure P/6). It was observed that the Trust unsuccessfully assailed the sale deeds in Civil Suit No. 32-A/2002, 42-A/2002 and 89-A/2004 and said suits were dismissed, therefore, no case was made out for grant of temporary injunction. It is averred that the name of petitioner was recorded in the revenue records on 1.800 hectare in revenue Case No. 15/A-3/2001-2002. This document is filed along with IA No. 2628/2020.