Judgment · High Court

Shri Pranay Verma, learned counsel for the petitioners. Heard on the question of admission. The petitioners have filed this petition under Article 227 of the Constitution of India for quashment of the order dated 13.9.2012 (Ann. P.6) passed by the Board of Revenue, State of Madhya Pradesh in revenue Revision No.916/PBR/2012 affirming the the order passed by the Collector, Burhanpur in Revision No.10/11-12, whereby dismissing their revision, the order dated 9.12.2011 passed by the Tahsildar Khaknar in Revenue Case No.6-A-6/2011-12 dismissing their application filed under Order 7 Rule 11 of CPC for dismissal of the aforesaid revenue case filed by respondent No.4 to 11 under section 109 and 110 of Madhya Pradesh Land Revenue Code has been affirmed. In the course of the argument on asking the petitioner counsel whether without recording the evidence by the Naib Tahsildar in the impugned matter the factual matrix stated in the impugned application of Order 7 rule 11 of CPC (Ann. P.2) could be adjudicated on merits and case of the respondents for mutation could be dismissed by the Naib Tehsildar, on which instead to argue further he seeks permission to withdraw this petition with liberty to raise all the objections stated in the petition in their reply, which is yet to be filed in the Court of Naib Tahsildar with a further prayer for appropriate direction to such court that on filing such objection in reply the same be considered by such court in accordance with the 2 Rules enacted in this regard under the provision of Section 109-110 r/w Section 43 of MPLRC r/w Order 14 Rule 2 of CPC. Considering aforesaid prayer without expressing any opinion on merits of the matter, this petition is hereby dismissed as withdrawn and not pressed with liberty to the petitioner to raise all the objections stated in the petition in their reply, which is yet to be filed in the Court of Naib Tahsildar. Pursuant to it the Tahsil Court is directed to deal with such objection in accordance with the provision of Section 109-110 and its rules so also r/w Section 43 of MPLRC r/w Order 14 Rule 2 of CPC. The petition is dismissed as withdrawn and not pressed with aforesaid liberty, observation and direction. C. C. as per rules. k (U. C. Maheshwari) Judge