LAWS(MPH)-2022-11-158

GURMEET SINGH Vs. STATE OF M. P.

Decided On November 03, 2022
GURMEET SINGH Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

(2.) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner.

(3.) It is submitted by the counsel for the petitioner that the respondents No.6 and 7 had filed an application under Sec. 110 of MP Land Revenue Code for mutation of their names in respect of survey No.224 area 0.554 Hectares. The said application was allowed. However, the order of Tehsildar was set aside by the SDO by order dtd. 29/1/2021 and the matter was remanded back. However, in a revision filed before the Collector, District Ashoknagar, the order of SDO Mungawali District Ashoknagar has been set aside and the order passed by the Tehsildar has been restored. It is submitted by the counsel for the petitioner that a second appeal was maintainable against the order passed by the SDO (Revenue), Mungawali District Ashoknagar, therefore, the Collector, District Ashoknagar had no right to entertain a revision. However, it is fairly conceded that a decree was passed by a Court of competent jurisdiction against the siblings of the petitioner for specific performance of contract and in execution of the said decree, the sale deed has been executed in favour of the respondents No.6 and 7. The first appeal filed against the judgment and decree passed by the Civil Court has also been dismissed.