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RAVI MALIMATH, VISHAL MISHRA
Ashish Tiwari – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The case of the petitioner is that he is the owner of lands bearing Khasra No.1032/2 measuring 1.312 hectare and Khasra No.1021/1 measuring 0.0310 hectare situated in Devendranagar, District Panna. That he is a farmer. His ancestors have been enjoying easementary rights over Khasra No.1031/2 and Khasra No.1021/1 for more than 50 years. That the respondent No.5 installed a board on Khasra No.1022 and Khasra No.1023/1 stating that the land is disputed and has physically stopped the petitioner to access his agricultural land bearing Khasra No.1032/2 and Khasra No.1021/1. Thereafter, he filed an application under section 131 of the M.P Land Revenue Code, 1959 (for short "the Code of 1959") seeking right of entry into the land in order to reach his agricultural land. By the impugned order, the same was rejected. Hence, this writ petition.
2. Learned senior counsel appearing for petitioner's counsel submits that the order passed by the Tahsildar is erroneous. That all that the petitioner wants is a right to approach his land. That section 131 clearly provides for grant of an interim relief to the petitioner. That the petitioner is entitled for such an order. The order passed by th
The main legal point established in the judgment is the applicability of joinder of parties and cause of action in specific performance suits, as governed by the provisions of Order I, Rule 3 and Ord....
Civil Courts possess jurisdiction to adjudicate easementary rights despite revenue authority's orders, provided disputes are not in respect of Government land.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
The main legal point established in the judgment is the application of Section 38 of the Specific Relief Act and the impact of the bar created by Section 331 of the U.P.Z.A & L.R. Act on the sustaina....
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