SANAT YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing. This intra-court appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 has been directed against the order of the learned single Judge dated 21.01.2021 passed in W.P. No.1231/2021 (Sanat Yadav vs. State of Madhya Pradesh and others) whereby the writ petition filed by the appellant-writ petitioner has been dismissed, however, with liberty to avail the remedy as are available in law.

(2.) The appellant in the aforesaid writ petition sought direction to the respondent Nos.4 and 6, namely, Sub-Divisional Officer (Revenue), Gorakhpur, Jabalpur and District Vigilance Officer, Jabalpur respectively to take cognizance of the letter dated 15.06.2020 (Annexure P-1) issued by the respondent No.5 i.e. the Additional Tehsildar and restrict the respondent No.7 - Chief Executive Officer, Nagar Vikas Pradhikaran, Nagar Panchayat, Bhedaghat, Jabalpur from interfering in the peaceful possession of the appellant over the agricultural lands bearing Khasra No.109/1 (area 5.990 Hectares) and Khasra No.109/3 (area 2.428 Hectares) situate at Bhedaghat, Jabalpur. The contention of the appellant is that he is still in possession of the aforesaid land.

(3.) The learned single Judge has dismissed the writ petition with the observation that since the petition involves disputed questions of fact, the petitioner ought to approach the Civil Court to establish his right.