Parmu Vs. the State of Madhya Pradesh

Parmu vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Apr 05, 2013

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Citation: sooperkanoon.com/1053722
Court: Madhya Pradesh High Court
Decided On: Apr 05, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Parmu

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no ::4635. / 2013 parmu and others versus state of mp and others 05.04.2013. shri o.p.dwivedi for the petitioners.smt. sharda dubey, panel lawyer, for the state. interalia contending that petitioners are owner of a tank situated in khasr.no.141, area 11.252 hectares situated in village partala, tehsil and district jabalpur, the property is their ancestral property and respondents 9 to 17 are interfering with their possession, petitioners have filed a complaint inspite thereof the police authorities are not taking action. this writ petition has been filed seeking a direction to the police authorities to take action on the complaint of the petitioners against respondents 9 to 17. according to the averments made in the petition, it is seen that with regard to the dispute in question, civil proceedings are pending in the civil court at jabalpur. as a civil dispute is already pending between the parties, it is not appropriate for this court to interfere in a writ petition and issue direction to the police authorities for initiation of criminal action against the respondents. in case petitioners feel that the respondents have acted in a manner which amounts to commission of a criminal offence, petitioners can very well file a private complaint in a court of competent jurisdiction and the magistrate concerned can take action in the matter. as such a remedy is available to the petitioners.i see no reason to interfere into the matter. accordingly, with the aforesaid observations, the petition stands dismissed. (rajendra menon) judge aks/-

Full Judgment

Writ Petition No ::

4635. / 2013 Parmu and others versus State of MP and others 05.04.2013.

Shri O.P.Dwivedi for the petitioneRs.Smt.

Sharda Dubey, Panel Lawyer, for the State.

Interalia contending that petitioners are owner of a tank situated in KhaSr.No.141, Area 11.252 Hectares situated in Village Partala, Tehsil and District Jabalpur, the property is their ancestral property and respondents 9 to 17 are interfering with their possession, petitioners have filed a complaint inspite thereof the police authorities are not taking action.

This writ petition has been filed seeking a direction to the police authorities to take action on the complaint of the petitioners against respondents 9 to 17.

According to the averments made in the petition, it is seen that with regard to the dispute in question, civil proceedings are pending in the Civil Court at Jabalpur.

As a civil dispute is already pending between the parties, it is not appropriate for this Court to interfere in a writ petition and issue direction to the police authorities for initiation of criminal action against the respondents.

In case petitioners feel that the respondents have acted in a manner which amounts to commission of a criminal offence, petitioners can very well file a private complaint in a Court of competent jurisdiction and the Magistrate concerned can take action in the matter.

As such a remedy is available to the petitioneRs.I see no reason to interfere into the matter.

Accordingly, with the aforesaid observations, the petition stands dismissed.

(RAJENDRA MENON) JUDGE Aks/-

Same Court & Year Madhya Pradesh · 2013 Same Parties Parmu vs The State of Madhya Pradesh Same Subject Land Acquisition