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2020 Supreme(MP) 468

SANJAY DWIVEDI
Koutik Gupta – Appellant
Versus
State of M. P. – Respondent


Advocates:
M.P. Tripathi for petitioner; Deepak Singh, Deputy Government Advocate for respondent/State.

ORDER

1. Heard on admission.

2. This petition is filed under Article 227 of the Constitution of India challenging the order dated 7.8.2019 (Annexure-P-1) passed by the Board of Revenue whereby the revision preferred by the respondent No. 5 has been allowed and the order passed by the Additional Commissioner, Indore was set aside.

3. As per the facts of the case, the present petitioner moved an application under section 178 of M.P. Land Revenue Code, 1959 (for brevity "Code of 1959") for getting the land partitioned i.e. situated over khasra No.24 area measuring 2.258 hectare which was recorded in the joint name of petitioner and respondent No. 5.

4. The petitioner has claimed that the petitioner and respondent No. 5 both have ½ share over the said land and accordingly there should be separate batan number made in favour of the parties. The Tahsildar registered a Revenue Case No. 53/A-27/2010-11 and passed the order on 29.5.2013 accepted the partition as claimed by the petitioner.

5. Against the said order, an appeal was preferred before the Sub Divisional Officer. The Sub Divisional Officer by order dated 10.2.2014 set aside the order of Tahsildar and accepted the appeal directing Ta

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