Smt Sarita W/O Santosh Kumar ( Dead) ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 20861 MP

Madhya Pradesh High Court

Smt Sarita W/O Santosh Kumar ( Dead) ... vs The State Of Madhya Pradesh on 11 December, 2023

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VINAY SARAF
                                              ON THE 11 th OF DECEMBER, 2023
                                               MISC. PETITION No. 7282 of 2023

                           BETWEEN:-
                           1.    SMT SARITA W/O SANTOSH KUMAR (DEAD)
                                 THROUGH LRS OM NARAYAN S/O SHRI
                                 KAMLESHWAR PRASAD, AGED ABOUT 30 YEARS,
                                 OCCUPATION: AGRICULTURIST R/O VILLGE
                                 KOTA TEHSIL JAWA DISTRICT REWA (MADHYA
                                 PRADESH)

                           2.    KAMLESHWAR PRASAD S/O SHRI ISHWAR DATT,
                                 AGED     ABOUT    68   YEARS, OCCUPATION:
                                 AGRICULTURIST R/O VILLAGE KOTA TEHSIL
                                 JAWA, DISTRICT REWA (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI RAMSUPHAL CHATURVEDI - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH THE
                           COLLECTOR REWA R/O DISTRICT REWA (MADHYA
                           PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI VINOD MISHRA - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Heard finally with the consent of the parties.

Learned counsel for the petitioners submits that by the order dated 25.11.1985, Tahsildar, Tahsil-Teonthar, District-Rewa granted the land to mother of the petitioners after completing the enquiry on the ground that the petitioners are in settled possession of the Government land and they are

landless. After a period of almost 30-31 years Collector, Rewa has exercised Suo Moto revision and registered a revision for examining the order passed by the Tahsildar, Tahsil-Teonthar, District-Rewa and issued notices to the allottee Smt. Sarita, who died on 15.05.2001 before registration of Suo Moto revision. The notices were issued to the deceased person, however, her legal heirs i.e. petitioners appeared before the Collector and filed their objections. In the objection, petitioners raised the question of limitation also. The petitioners relied on the judgment of the Full Bench delivered in the case of Ranveer Singh since dead through L.Rs. Kishori Singh and others Vs. State of M.P. reported in 2010 (4) MPLJ 178, wherein the Full Bench has held that Suo Moto

power of revision can be exercised by the revisional authority envisaged under Section 50 of the M.P. Land Revenue Code, 1959 within a period of 180 days from the date of the knowledge of the illegality, impropriety or irregularity of the proceedings committed by any Revenue Officers subordinate to it even if the immovable property is government land or having some public interest.

Collector, Rewa without impleading the legal heirs of the original allotee as party in the matter and without calling record of the Tahsildar set-aside the order passed on 02.10.1984 and issued directions to obtain possession from the petitioners. The order of Collector was challenged by the petitioners by preferring revision no.91/2019-20, which was partly allowed by order dated 16.08.2023 and the order passed by the Collector was set-aside and the matter was remanded back to the Collector for deciding Suo Moto revision afresh after affording an opportunity of hearing to the petitioners and after examining the original record of the Tahsildar.

The grievance of the petitioners are that the petitioners have raised legal

issue that Suo Moto revision powers cannot be exercised after such a along period and that has already been settled by the Full Bench in the matter of Ranveer Singh (supra) but the directions could not been issued to consider that issue by the Additional Commissioner, whereas this issue ought to have been decided in the matter first. Learned counsel for the petitioners submits that in the facts and circumstances, there was no requirement to remand back the matter to the Collector after setting aside the order and the order of remand is not according to law.

Learned panel lawyer for the respondent State supported the impugned order and submitted that the order has been passed by the Additional Collector after considering the facts and circumstances of the case. As the Collector passed the order in Suo Moto revision without examining the revenue record of the Tahsildar, therefore, the same has rightly been remanded.

After considering the arguments of the learned counsel for the parties and after examining the record, I deem it proper to dispose of the present petition with a direction to the Collector, Rewa to consider the objection of the petitioners in respect of the limitation in light of judgment passed by the Full Bench in the matter of Ranveer Singh (supra) and along with other issues on merits by passing a speaking order after affording an opportunity of hearing to the parties concern within a period of thirty days from the date of receipt of

certified copy of the order passed today.

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

In the meanwhile, status-quo shall be maintained by the parties till the disposal of the revision.

(VINAY SARAF) JUDGE sh