High CourtsSingle Bench(2024) 05 MP CK 0148

Shyam Sunder Bediya Deceased Through Lrs. Smt. Ramabai And Others vs State Of Madhya Pradesh Through Principal Secretary And Others

Madhya Pradesh High Court · Decided on 22 May 2024

HON’BLE JUDGES
Pranay Verma, J
CASE NUMBER
Writ Petition No. 13957 Of 2024

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Judgment

6 paragraphs · 175 words

Pranay Verma, J

Heard on the question of admission and interim relief.

Learned counsel for the petitioners submits that the period of limitation for initiating proceedings under Section 170 of M.P. Land Revenue Code, 1959 is twelve years whereas the application has been preferred by respondent No.3 after a period of thirty years from the date of sale deed. The provisions of Section 170-A would not be attracted since the sale deed was not executed within a period prescribed therein. The provision of Section 173-B are in respect of a transferee and not a transferer. The proceedings are hence apparently barred by time and the objection of the petitioners as raised by their application under Order 7 Rule 11 of the CPC has been rejected illegally.

Considering the aforesaid, issue notice to the respondents on payment of process fee by RAD within a period of one week. Notices be made returnable in eight weeks.

In the meanwhile, further proceedings of Revenue Case No.0001/A-23(170-B)/2023-24 pending before respondent No.2 shall remain stayed.

Certified copy as per rules.