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2022 Supreme(MP) 412

RAVI MALIMATH, VISHAL MISHRA
Ashish Tiwari – Appellant
Versus
State of M. P. – Respondent


Advocates:
K.C. Ghildiyal with Akshat Arjaria for petitioner; Amit Seth, Dy. Advocate General for respondents No. 1 to 4.

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

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