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2021 Supreme(MP) 652

RAJEEV KUMAR SHRIVASTAVA
Hradesh Kumar – Appellant
Versus
Mithlesh Kumar – Respondent


Advocates:
H.K. Shukla for petitioner; Deepak Shrivastava for respondents No. 1; Manish Nayak, Panel Lawyer for respondents/State.

ORDER

1. The present miscellaneous petition has been preferred under article 227 of the Constitution of India, against the order dated 23.10.2019 passed in Case No.562/15- 16/Appeal by the Additional Commissioner, Gwalior (Annexure P/1), order dated 5.5.2016 passed in Case No. 85/2014-15/Appeal by the Sub-Divisional Officer, Dabra District Gwalior (Annexure P/2) and order dated 16.4.2015 passed in Case No. 238/14-15/B-121 by the Tahsildar Dabra, District Gwalior (Annexure P/3).

2. The brief facts of the case are that the respondent No.1 Mithlesh Kumar filed an application before the Tahsildar requested to short out the road of 20x12 feet from survey no. 674 min 4, 675 min 9, 676 min 2, 699 min 13, 700 min 13, 700 min 11, 711 min 51, 717 min 52, 701 min 7, 711 min 10 situated in village Ramgarh by converting the aforesaid land plot area into road. On account of that, Tahsildar asked the Patwari report wherein it was submitted that for the convenience of the purchaser of the lands the aforementioned area be declared as road as the father of Mithlesh Kumar namely Keshav Dayal sold out the aforesaid lands on 26.12.1992. After including the aforementioned land, no any space was available

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