SURENDRA SINGH Vs. SAGARBAI

JUDGEMENT

(1.) The appellant before this Court has filed this Writ Appeal being aggrieved by the judgment dated 31/10/2018 passed in W.P.No. 3428/2017 (Sagar Bai and others Vs. State of Madhya Pradesh and another).

(2.) Facts of the case reveal that the respondents before this Court were claiming themselves to be the owners of Temples and the land appurtenant thereto. The agricultural land situated at Gram Bawal Nai, Tehsil Javad, District Neemuch was recorded in the revenue record in the name of Lord Shri Girdharnath Ji. The details of the land attached to the temples and recorded in the name of deity are as under : <FRM>JUDGEMENT_10_LAWS(MPH)7_2019_1.html</FRM>

(3.) The respondent in the present appeal, (respondent No.4) who was the petitioner before the learned Single Judge, has filed a Civil Suit seeking declaration of title and permanent injunction with regard to the disputed temples / land attached to it. The necessity arose to file a Civil Suit only because the name of the petitioner / respondent No.4 / was deleted from the revenue record as a Manager and the name of the Collector was mutated in place of respondent No.4. The Collector was going to auction the land attached to the temple and in those circumstances a necessity arose to file a Civil Suit. The relevant paragraphs in the plaint preferred by the respondent No.4 against the State Government, are as under :