AI Structured Summary
Not yet generated for this judgment
Judgment
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-
(i) It is, therefore, prayed that this Hon'ble court may kindly be pleased to call for the entire records, files of the proceedings for its kind perusal.
(ii) That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding the respondents to restrain the respondent no. 6 from creating any third party interest in property of the petitioner, in the interest of justice.
(iii) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioners.
It is submitted by counsel for the petitioner that a case is pending before the Court of Collector, Satna for mutation of the names of the parties and in the meanwhile, the respondent no. 6 is trying to alienate the property. Accordingly, it is prayed that till the matter is finally decided by the Collector, Satna, the respondent no. 6 may be restrained from creating third party interest in the property.
Heard the learned counsel for the petitioner.
It appears that the matter pertaining to the mutation of the names of the parties is pending before the Collector, Satna. The petitioner has an opportunity to file an application for stay before the Collector, Satna. Accordingly, this petition is disposed of with the liberty to the petitioner that if so desired, then he may move an application for grant of stay in a proceeding, which is pending before the Collector, Satna and if the said application has not been filed and decided on the earlier occasion, then the same shall be decided in accordance with law. The Collector, Satna shall also keep in mind the judgment passed by this court in the case of Harigyan Singh and others Vs. Munidevi and another passed in M.P. No. 1279 of 2020, (Gwalior Bench) decided on 2.3.2020. Liberty is granted to the petitioner to move an application before the Collector, Satna should not be construed as a direction to allow the said application. If the said application is filed, then it shall be strictly decided in accordance with law.
With the aforesaid observation, the petition is finally disposed of.