VIVEK POURANIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) A preliminary objection is raised by learned counsel for respondent that the petition suffers from suppression of material facts. The petitioners have already filed a civil suit before the Court of Ist Civil Judge, Class-I, Chhatarpur in the year 2020 itself and had also prayed for declaration of order dtd. 28/12/2017 passed by the Additional Collector, Chhatarpur in Appeal No.23/Appeal/Nazul/B-121/2016-17 as null and void. However, the said fact has been suppressed by petitioners. Thus, it is submitted that petition be dismissed with heavy costs.

(3.) It is fairly considered by counsel for the petitioners that civil suit is already pending and by mistake the said fact was not mentioned. However, counsel for petitioners tried to convince this Court by referring to order dtd. 2/7/2021 passed by Commissioner, Sagar Division, Sagar in Appeal No.0158/Appeal/2019-20 by pointing out that in the said order there is a reference of pendency of civil suit therefore, it cannot be said that there is a material suppression.