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2021 Supreme(SC) 476

HEMANT GUPTA, A.S.BOPANNA
State of Madhya Pradesh – Appellant
Versus
Pujari Utthan Avam Kalyan Samiti – Respondent


Advocates appeared:
For the Parties(s) :Sandeep Sharma, Sunny Choudhary, Prabuddha Singh, Divyakant Lahoti, Kartik Lahoti, Parikshit Ahuja, Praveena Bisht, Madhur Jhavar, Vindhya Mehra, Shivangi Malhotra, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The order dated 14.06.2016 passed in an intra-court appeal by the Division Bench of the Madhya Pradesh High Court is the subject matter of challenge herein at the instance of State of Madhya Pradesh. The learned Single Bench allowed the writ petition filed by Association of Priests registered under the M.P. Society Registrikaran Adhiniyam 1973. Such society has 251 members in the Districts of Dhar, Indore, Ratlam, Shajapur, Ujjain, Jhabua etc.

2. The challenge in the writ petition was to quash the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujari were ordered to be deleted from the revenue record. The said writ petition was allowed on 20.11.2013 relying upon the judgments of the High Court in Ghanshyamdas vs. State of M.P. 1995 R.N. 235 and Kashi Bhatti through LRs. vs. State of M.P. 2009 R.N. 179. The learned Single Bench held that the circulars dated 12.11.1992 and 21.03.1994 were already quashed by the High Court in the year 1995 and 1999 respectively and therefore there was no justification on the part of the State Government to issue circular dated 07.06.2008 directing the Revenue Commissioner to follow the circular dated 21.03.1

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