IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR DIVISION BENCH BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE HIRDESH WRIT APPEAL No. 3130 of 2024 TRIVENI BAI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Chetan Kanungo - Advocate for the appellant.

Shri Vivek Khedkar - Additional Advocate General with Shri Sohit Mishra -

Government Advocate for the respondents/ State.

JUDGMENT (Delivered on 15th day of September, 2025)

Per: Justice Anand Pathak

1. The instant Writ Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant being aggrieved by the order dated 17th July, 2023 passed in Writ Petition No.29735/2022 by the learned Single Judge whereby writ petition preferred by the appellant stood dismissed.

2 . The instant case has a long drawn chequered history. For appreciating the controversy in better perspective, following list of dates and events are worth consideration.

The predecessor in interest of the dispute land, Devi Ram, filed a civil suit No.290-A/1976 on 15/09/1978 in the Court of learned Judicial Magistrate Class II, Tehsil Gohad, District- Bhind, seeking declaration, correction of entries in the revenue record, and a perpetual injunction concerning the land baering survey no.2646 admeasuring are of 6 bighas and

Signature Not Verified Signed by: VARSHA

15.09.1978 7 biswa, and the land bearing survey no.2647 admeasuring are of 9 bigha and 9 biswa at Kaswa Gohad, Tehsil Gohad, District-Bhind. After the pleadings were completed, hte learned Court dismissed Devi Ram's civil suit regarding the ownership and possession of the land bearing survey numbers 2646 and 2647. It is pertinent to mention that Devi Ram filed a suit for injunction without seeking relief of possession.

Against the judgment and decree of the learned Civil Judge Court, Devi Ram filed a First Appeal No.46-A/1978 (civil). The learned appellate Court allowed the appeal and granted a decree in favour of Devi Ram. At that time, Devi Ram was working in District Court, and apparently District Court passed the order without appreciating the fact that the State had been in possession of survey numbers 2646 and 2647 since 1959. 27.03.1979 It is relevant to mention here that the State already possessed land beacause it was Charnoi Land. The State has already constructed the Road and School before passing the judgment of the learned First Appellate Court.

The State Government constructed the road on the above mentioned survey numbers in 1977-78. It is also relevant to mention here that the State constructed a school on the above mentioned survey numbers on 09/09/1977.

The State challenged the aforesaid judgment and decree dated 27/03/1979 passed by the First Appellate Court in second appeal before the Hon'ble High Court, and the same was

10.08.1981 registered as S.A. No.196/1979 (civil). However, the Second Appeal was dismissed by the Hon'ble Court by passing the judgment and decree dated 10/08/1981.

An execution petition was filed in the execution Court vide Execution Case No.290-A/1976 x 87 at Gohad. During pendency of the case, Devi Ram passed away. His legal heir

26.07.1986 namely Smt. Triveni Bai w/o Vrandavan Batham in the application. The execution application remained pending for approximately 20 years in the Court.

During pendency of the execution application, Smt. Triveni Bai filed W.P. No.3323/2008. The Hon'ble Court, after considering all the facts, concluded that respondents are required to determine and pay the appropriate amount of

04.01.2010 compensation to the petitioner. The order dated 04/01/2010 granted a period of three months to the respondents for compliance.

In compliance with the aforementioned order and for the purpose of satisfying the execution proceedings, the Sub Divisional Officer (Revenue) and the Land Acquisition Signature Not Verified Signed by: VARSHA Officer registered a land acquisition case in their Court v

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