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2015 Supreme(MP) 984

J.K.JAIN
Vaishnav Sahayak Trust – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant : Vijay Assudani, Learned Counsel.
For the Respondents:A.K. Sethi, Learned Senior Counsel and Harish Joshi, Advocates.

ORDER :

JARAT KUMAR JAIN, J.

1. In this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 30.01.2014 whereby the respondent No. 3 Additional Tehsildar, Indore rejected the objections in regard to maintainability of the application under Section 250 of the M.P. Land Revenue Code (in brief "Code").

2. Brief facts for adjudication of this matter are as under:--

"[i] The petitioner a registered Public Trust, is owner and in possession of the land survey Nos. 293, 295 and 296 admeasuring 0.279, 0.134 and 0.522 hectares respectively situated at Village Sirpur Tehsil Rau Distt. Indore. At the request of Kailash and Badrilal, the demarcation of the said land was done on 11.06.2009 and it was found that land comprised in Survey No. 295 (in brief "suit land") is within the boundary wall of petitioner Trust. After demarcation report Kailash, Badrilal and respondent No. 2 were trying to dispossess the petitioner, therefore, the petitioner Trust filed a Civil Suit No. 42-A/09 for declaration and permanent injunction in the Court of Additional District Judge, Indore. In the said suit petitioner and respondent No. 2 both have filed the applic

























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