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Judgment
9 paragraphs · 258 wordsVishal Mishra, J
Issue notice to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition shall stand dismissed without further reference to the Court.
Heard on the question of interim relief.
It is pointed out that with respect to the property in question the civil suit is filed and is pending consideration. Despite the same, notice has been issued by the respondents which is a notice impugned and is proceeding in the matter.
It is the case of the petitioner that the petitioner was not impleaded as a party to the proceedings. However, he has filed an application to be impleaded as party to the proceedings. He has placed reliance upon the judgment passed by the Hon'ble Court in the case of Shree Vaishnav Sahayak Trust, Indore Vs. State of M.P. (Writ Petition No.1632/2014) reported in (2015) SCC Online MP 2825 and also upon the judgment passed by the Coordinate Bench of this Court in the case of Rajeshwari Bhatt Vs. State of M.P. (Writ Petition No.416/2016) decided on 22.11.2017.
Considering the facts and circumstances of the case as well as the fact that the civil courts are seized with the matter pertaining to land in question, the revenue authorities have no jurisdiction to proceed under Section 250 of M.P. Land Revenue Code.
Under these circumstances, the notice and subsequent proceedings before the Tehsildar pertaining to the same are stayed, till the next date of hearing.
List the matter after four weeks for consideration.
Certified copy as per rules.