Pana Bai vs State of M. P. - 2019 Supreme(MP) 516

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(MP) 516

SHEEL NAGU
Pana Bai – Appellant
Versus
State of M. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: K. N. Gupta, Senior Counsel with P. K. Dwivedi
For the Respondents:R. S. Bansal, Deputy Government Advocate

JUDGMENT :

1. Shri K. N. Gupta, learned senior counsel with Shri P. K. Dwivedi, learned counsel for the petitioners.

Shri R. S. Bansal, learned Deputy Government Advocate for the respondents/State.

A short but interesting question involved herein which begs for an answer is as follows :

“Whether impleadment of the State through Collector of the concerned district satisfies the requirement of law of impleadment of necessary party or the particular department to which the land in question belongs is required to be impleaded to save the litigation from being sacrificed at the alter of non-impleadment of necessary party.”

2. This petition invoking supervisory jurisdiction of this Court under Article 227 of the Constitution assails the final order dated 3-3-2016 of Board of Revenue, Gwalior contained in Annexure P/1 allowing the revision of the State thereby setting aside the order of First and Second Appellate Authority i.e. SDO and Additional Commissioner, Gwalior respectively who had upheld the foundational order of Tehsildar dated 8-8-2013 allowing the application for mutation preferred by petitioners herein in respect of Survey No. 359 admeasuring 3 bigha and 9 biswa at village Veerpur,