Research › Browse › Judgment

Supreme Court of India · body

2017 DIGILAW 1839 (SC)

Gopal v. State of M. P.

2017-12-07

ADARSH KUMAR GOEL, UDAY UMESH LALIT

body2017
ORDER 1. Permission to file SLP is granted. 2. Leave granted. 3. Heard learned counsel for the parties. 4. The question is whether the appellants are encroachers or are their possession is legitimate. The Board of Revenue passed the order in favour of the appellants which has been vacated by the High Court. 5. Learned counsel for the State submits that Board of Revenue did not give any hearing to the State as no notice was issued to the State. The High Court has not determined the issue on merits. Since the State was not heard, the Board of Revenue ought to have been required to deal with the matter afresh. 6. Accordingly, we remit the matter to the Board of Revenue (Gwalior). The Case No.583-PVR/99 will stand restored to the file of the Board of Revenue, Gwalior. 7. The parties are directed to appear before the said authority for further proceedings on Monday 29th January, 2018. 8. Till the decision of the Board of Revenue, status quo as on today be maintained. 9. We have not expressed any opinion on the merits of the case. 10. All contentions of the parties will be open to be gone into by the Board of Revenue. 11. The appeal is, accordingly, disposed of. Contempt Petition (Civil) No. 9 of 2007 dismissed.