IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA th ON THE 25 OF APRIL, 2024 MISC. PETITION No. 1778 of 2024 BETWEEN:-

1. TAJINDERPAL SINGH S/O RAMPRAKASH KHARBANDA, AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS 127 GURUDWARA MARG KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

2. JASBIR SINGH S/O RAMPRAKASH KHARBANDA, AGED ABOUT 38 YEARS, OCCUPATION: BUSINESS R/O 127 GURUDWARA MARG KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

3. TARLOCHAN SINGH S/O RAMPRAKASH KHARBANDA, AGED ABOUT 35 YEARS, OCCUPATION: BUSINESS R/O 35 SHRINAGAR COLONY INDRA COLONY BURHANPUR DISTRICT BURHANPUR (MADHYA PRADESH)

4. HARJEET SINGH S/O PRITAM SINGH KHARBANDA, AGED ABOUT 41 YEARS, OCCUPATION: BUSINESS R/O MAKHAN LAL CHATURVEDI MARG ANAND NAGAR KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

5. GURJEET SINGH S/O PRITAM SINGH KHARBANDA, AGED ABOUT 38 YEARS, OCCUPATION: BUSINESS R/O MAKHAN LAL CHATURVEDI MARG ANAND NAGAR KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

6. TARJINDER KAUR D/O PRITAM SINGH KHARBANDA, AGED ABOUT 37 YEARS, OCCUPATION: HOUSEWIFE R/O MAKHAN LAL CHATURVEDI MARG ANAND NAGAR KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

7. RAVINDER KAUR D/O PRITAM SINGH Signature Not Verified KHARBANDA, AGED ABOUT 35 YEARS, OCCUPATION: HOUSEWIFE R/O MAKHAN LAL CHATURVEDI MARG ANAND NAGAR KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

8. MANINDER @ MANPREET KAUR S/O PRITAM SINGH KHARBANDA, AGED ABOUT 34 YEARS, OCCUPATION: HOUSEWIFE R/O MAKHAN LAL CHATURVEDI MARG ANAND NAGAR KHANDWA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI NITESH KUMAR PATEL - ADVOCATE )

AND

1. BHAIRAM S/O GHISYA @ GHISU BHEEL, AGED ABOUT 70 YEARS, OCCUPATION: AGRICULTURIST VILLAGE PADALYA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

2. LAKHAN S/O BHAIRAM, AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE PADALYA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

3. NANNU S/O BHAIRAM, AGED ABOUT 43 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE PADALYA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

4. BASU S/O BHAIRAM, AGED ABOUT 42 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE PADALYA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

5. RAMESH S/O BHAIRAM, AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE PADALYA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

6. ANIL S/O SHRIRAM BHEEL, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE PADALYA TEHSIL AND DISTRICT KHANDWA (MADHYA PRADESH)

7. NAIB TAHSILDAR SINGOT (CIRCLE) KHANDWA DISTRICT KHANDWA (MADHYA PRADESH)

Signature Not Verified

8. STATE OF M.P. COLLECTOR KHANDWA DISTRICT KHANDWA (MADHYA PRADESH)

.....RESPONDENTS (SHRI NAVEEN DUBEY - GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 227 of the Constitution of India has been filed seeking the following reliefs :-

( i) To set aside the impugned order dated 02.02.2023 (Annexure-P/6) and order dated 30.10.2023 (Annexure-P/9) passed by Fourth Civil Judge (Junior Division), Khandwa District-

Khandwa (M.P.).

(ii) To grant any other relief as deemed fit and proper in the circumstances of the case.

It appears that the Office has raised an objection with regard to the maintainability of this miscellaneous petition but has not assigned any reasons as to why this petition is not maintainable. Simply raising an objection is not sufficient unless and until it is bagged by some reasons.

Accordingly, office is directed to always reflect the reasons upon raising the objections with regard to the maintainability.

The counsel for petitioner seeks permission of this Court to withdraw this petition with liberty to file a civil revision under section 115 of CPC.

It is needless to mention here that for calculating the period of limitation, time spent by the petitioner before this Court i.e. from 30.3.2024 till today shall be excluded.

On filing the photocopy of the impugned order dated 2.2.2023 (Annex