Julfikar Mohammad vs Shishupal Yadav And Others

Milind Ramesh Phadke, J

The present petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs:-

That present petition may kindly be allowed with direction to Tehsildar Court Mungawali to make a party of petitioner in the interest of justice.

That, the Hon'ble Court may kindly issue any other writ or direction in the interest of justice as the Court deems fit.

Learned counsel for the petitioner submits that the present writ petition has been filed against the inaction on the part of the respondent Tehsildar. The petitioner and his brother purchased a land bearing survey No. 2/1/1 rakwa 1.045 hectare from father of the respondent No.1 on 04.07.2022. Respondent No. 1 Shishupal then filed an application for partition under section 178 of MPLRC before the Tehsildar, Mungawali against the Respondents No.2 to 5, where Respondent No.1 filed a proposal map which is totally wrong, the patwari prepared a Fard Batwara where he mentioned petitioner and Respondent as joint account holders of survey No.2/1/1. In the said proceedings, since Respondent No.1 Shishupal did not made the petitioner a party, constrained he filed an application under order 1 rule 10 of CPC before the Tehsildar with the proper map, but though the application had been taken on record, no order till date had been passed. Therefore, a limited prayer for issuing directions to the Tehsildar had been made to decide his pending application in a time-bound manner and if such directions are issued, his grievance would be redressed.

On the other hand, learned counsel for the respondent/State submits that he has no objection, if such directions are issued.

After hearing learned counsel for the rival parties and looking to the limited prayer made by learned counsel for the petitioner, this Court deems it appropriate to direct the Tehsildar, Mungawali to decide the pending application of the petitioner preferred under under order 1 rule 10 CPC within a period of four weeks from the date of receipt of certified copy of this order in accordance with law.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, this petition stands disposed of.

E-copy/certified copy as per Rules.