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2021 Supreme(MP) 785

SANJAY DWIVEDI
KEWAL KUMAR JAGGI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Manoj Sharma, Quazi Fakhruddin
For Respondent: Darshan Soni, Vikram Singh

ORDER : – Since pleadings are complete, therefore, with the consent of learned counsel for the parties, the matter is heard finally.

2. By means of this petition filed under Article 227 of the Constitution of India, the petitioners are calling in question the validity of the order dated 26-7-2021 (Annexure-P/18) whereby the Reference Court rejected the preliminary objections raised by them.

3. For resolving the controversy involved in the instant case, the facts adumbrated in nutshell are that the petitioners owned 51.35 acres of land in Village Gadheri, District Jabalpur and over a part of the said land, a mining lease was granted by the State Government in favour of the petitioners to run a stone crusher which was the sole source of their income. In the year 2012, the Defence Authorities started pressurizing the petitioners, their staff and the labourers working on the said stone crusher to stop the activities of the stone crushing and gradually everybody was stopped to even step over the said land.

    (3.1) Left with no option, the petitioners approached the High Court by filing a petition i.e. W. P. No. 21481/2013 making a prayer therein that the Defence Authorities be restrained

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