MANSIK CHIKTSALAYA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD .

(2.) SHORT facts of the case are that respondent No. 14 filed a suit against petitioner and rest of the respondents under Order 1 Rule 8, Civil Procedure Code wherein it was alleged that respondent No. 14 is in occupation of the land admeasuring 70 x 40 feet bearing Survey Nos. 1250 and 1251 situated at village Bahodapur, opposite to Mental Hospital, Gwalior. It was alleged that on a part of the land admeasuring 15 x 20 feet two temples have been constructed and the rest of the property was covered by boundary wall. It was alleged that in the suit land there is no personal interest of respondent No. 14. It was also alleged that proceedings were initiated under section 248 of the M.P. Land Revenue Code and fine was imposed vide order dated 26.12.1994. In the circumstances it was prayed that State be restrained from dismantling the boundary walls and temple in compliance of the order dated 26.12.1994.

(3.) LEARNED counsel for the petitioner submits that prior to the amendment in M.P. Land Revenue Code there was sub-section (3) to section 248 M.P. Land Revenue Code, which lays down as under :