MANGLADASI(KU.) Vs. RISHI AJAYDAS

JUDGEMENT

(1.) Heard on I.A.No.6455/2016 objection filed by the respondent/ caveator regarding maintainability of this petition for want of territorial jurisdiction.

(2.) It is contended that the subject matter of land in dispute is having survey No.49, area 0.539 hectares, situated at village Gotadpura, District Khandwa and the order impugned in this petition is passed by the Tahsildar, Madhata for mutation which was affirmed by the SDO, Punasa. Petitioner in this petition is praying for setting aside the order dated 23.5.2014 passed by the SDO, therefore, the petitioner ought to have filed the writ petition before the Principal Bench of this High Court at Jabalpur as the revenue district of Khandwa comes under the jurisdiction of Principal Bench at Jabalpur. In support of his contention he has placed reliance over the notification dated 28.11.1968 issued by the Government of India, Ministry of Home Affairs by which a permanent Bench of M.P High Court was established at Indore and as per the notification the Indore Bench shall exercise the jurisdiction and powers in respect of cases arising in the revenue districts of Indore, Ujjain, Dewas, Dhar, Jhabua, Ratlam, Mandsaur, West Nimar (Khargone), Shajapur and Rajgarh. The notification is reproduced herein below <IMG>JUDGEMENT_119_LAWS(MPH)1_2017.jpg</IMG>

(3.) In support of his contention, counsel for the respondent/caveator has placed reliance over the Full Bench decision of this Court in the case of Abdul Taiyab Abbasbhai Malik and others v. The Union of India and others, reported in 1976 JLJ 706=AIR 1977 MP 116, and prayed for dismissal of the writ petition for want of territorial jurisdiction.