FAHEEM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE order passed in this petition shall also govern the disposal of connected W.P.No.364/2003 (Prakash Chandra Jain vs. State of Madhya Pradesh and others) since the point involved in both the petitions is same and the facts are also same.

(2.) BY this petition under Article 226/227 of the Constitution of India the petitioner is assailing the order dated 21.2.2002 (Annexure P 6) passed by the Additional Collector, Seoni in Revision No.1 A 66/2000 01 (State of M.P. vs. Faeem Khan).

(3.) THE contention of Shri Sanjay Agarwal, learned counsel for the petitioner is that in the order dated 12.10.1998 passed by this Court in Civil Revision No.2163/1998 (Annexure P 3) categorically a finding was recorded on the basis of conceded facts that vide order dated 14.9.1998 passed in Revenue Case No.50 A/97 98 the Collector, Seoni had confirmed the allotment of said Patta to the petitioner and further observed that 30'x30' land was rightly granted in favour of the petitioner and to similarly situated other applicants, who filed connected civil revisions. Further it has been contended by learned counsel that an area 0.30 (RA) 0.30 Acre land out of balance area of Survey No.830/1 of village Chhapara, Patwari Halka No.100 has already been granted to the said school, hence, this Court in aforesaid civil revision directed the learned Court below to reconsider the application of temporary injunction of the petitioner in this backdrop by setting aside the orders of the learned two Courts below.