IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIRDESH ON THE 18TH OF MARCH, 2024 CIVIL REVISION No. 232 of 2020 BETWEEN:-

RAJENDRA S/O SHRI MOTILAL DESHMUKH, AGED ABOUT 55 YEARS, OCCUPATION: CASTE PAWAR, OCCUPATION MINING CONTRACTOR, R/O. GRAM MIRAGPUR, TEHSIL KHAIR LANJI, DISTRICT BALAGHAT (MADHYA PRADESH)

.....APPLICANT (BY SHRI K.S.JHA - ADVOCATE)

AND

1. MST. JEERAN BAI W/O SHRI HARI, AGED ABOUT

70 YEARS, OCCUPATION: CASTE PAWAR R/O. GRAM MIRAGPUR TEH KHAIR LANJI (MADHYA PRADESH)

2. DEENDAYAL S/O SHRI HARI, AGED ABOUT 40 YEARS, R/O GRAM MIRAGPUR TEHSIL KHAIR LANJI, DISTRICT BALAGHAT (MADHYA PRADESH)

3. GIRDHARI S/O SHRI HARI, AGED ABOUT 38 YEARS, OCCUPATION: PAWAR, R/O GRAM MIRAGPUR TEH KHAIR LANJI, DISTRICT BALAGHAT (MADHYA PRADESH)

4. STATE OF M.P. THROUGH COLLECTOR DISTT.

BALAGHAT (MADHYA PRADESH)

5. PRESIDING OFFICER (OFFICER IN CHARGE)

MINING DEPARTMENT DISTRICT BALAGHAT (MADHYA PRADESH)

6. SUB DIVISIONAL AUTHORITY (REVENUE)

WARSEONI DISTRICT BALAGHAT (MADHYA PRADESH)

7. TEHSILDAR TEHSIL KHAIR LANJI DISTRICT Signature Not Verified Signed by: RAJESH BALAGHAT (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENTS NO.1 TO 3 BY SHRI SANJAY SHARMA & MS.PRIYAL RAHANGDALE - ADVOCATES)

(RESPONDENTS NO.4 TO 7 BY MS.SEEMA SAHU - PANEL LAWYER)

Reserved on: 18.12.2023 Pronounced on: 18.03.2024 --------------------------------------------------------------------------

This revision having been heard and reserved for order, coming on for pronouncement this day, JUSTICE HIRDESH passed the following:-

ORDER

This revision under section 115 of the Code of Civil Procedure (hereinafter referred to as the "CPC") has been filed by the applicant/Defendant No.1 against order dated 07.9.2020 passed by First Civil Judge Class-II, Waraseoni, District Balaghat in Civil Suit No.68-A/2020 [Mst.Jeeran Bai and others Vs. Rajendra and others], by which, the application filed by the applicant under Order 7 Rule 11 of CPC has been rejected.

2. Before the learned trial Court the respondents No.1 to 3 as plaintiffs filed aforesaid civil suit seeking relief of declaration and permanent injunction and contended that they are corded owners of Khasra No.237/4, admeasuring 0.049 hectares and Khasra No.237/5 area 0.068 hectares situated in village Miragpur, Tahsil Khair Lanji, District Balaghat. On the aforesaid land the plaintiffs 'house is constructed which is about 100 years old and there is open space where the plaintiff's keep their cattle. The applicant/defendant No.1 who is Mining Contractor has been granted mining lease of the lands adjoining to that of the plaintiffs and the defendant No.1 has dug the mining pit over the part of plaintiffs' land. The respondents/plaintiffs further contended that defendant Signature Not Verified Signed by: RAJESH No.1 has also illegally initiated proceedings under section 250 of the M.P. Land Revenue Code (for brevity "MPLRC") against the plaintiffs wherein they filed reply. On 06.8.2020 the plaintiffs were served a notice by the Sub Divisional Officer for determining compensation of the suit lands under section 247 of the MPLRC. The plaintiffs further submitted that applicant/defendant No.1 has illegally got the lands demarcated over which the plaintiffs have encroached upon the lands granted to defendant No.1 for carrying out mining activities. It was contended that plaintiffs came to know that Mining Department has granted mining lease of lands including the lands of plaintiffs i.e. Khara Nos.237/4 & 237/5 to the defendant No.1 for carrying out the mining activities over the same. Prior to granting of lease of the plaintiffs land, no consent from the plaintiffs was obtained and same has been granted for carrying out the mining activities. So, the plaintiffs filed civil suit seeking permanent injunction against the defendants in respect of disputed land.

3. The applicant/defendant No.1 filed an application under Order 7 Rule 11 CPC and contended that suit was barred under section 247 r/w section 257 of MPLRC as it was