Madhya Pradesh High Court
The State Of Madhya Pradesh vs Abhitendra Singh on 1 June, 2023
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 1 st OF JUNE, 2023
WRIT APPEAL No. 274 of 2023
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH ITS
SECRETARY REVENUE DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE COLLECTOR, CH H ATAR PUR DISTRICT
CHHATARPUR (MADHYA PRADESH)
3. THE S.D.M., CIRCLE CHHATARPUR DISTRICT
CHHATARPUR (MADHYA PRADESH)
4. THE C.M.O., MUNICIPALITY CHHATARPUR
DISTRICT CHHATARPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI B.D. SINGH - DEPUTY ADVOCATE GENERAL)
AND
ABHITENDRA SINGH S/O LATE SHRI SURENDRA
SINGH, AGED ABOUT 35 YEARS, OCCUPATION: PRIVATE
WORK R/O SAGAR ROAD CHHATARPUR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI MANIKANT SHARMA - ADVOCATE)
-------------------------------------------------------------------------------------
This appeal coming on for admission this day, the Court passed the
following:
ORDER
Heard on I.A.No.7806 of 2023, an application for urgent hearing during
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 6/2/2023
11:17:42 AM
summer vacation.
For the reasons assigned, the application is allowed.
Assailing the order dated 20.12.2022 passed by the learned Single Judge
in allowing the writ petition No.15876 of 2022, the respondents are in appeal.
It was the case of the writ petitioner that land bearing Khasra Nos.595/1,
595/2, 596/1, 592/2, 598, 599/2, 600/1/K and 600/2 situated at village Bagota,
District Chhatarpur were recorded in the names of forefathers of the petitioner
as Bhumiswami in the year 1958-59. Prior to coming into force of the Madhya
Pradesh Land Revenue Code, 1959 (hereinafter referred to as the 'Code'), the
land of the forefathers of the writ petitioners as recorded in Class-6 of
"Kashtkaran Mourisi or Pattedar". On a complaint being filed, the Nazul Officer
took into consideration the khasra entries of the year 1943-44 and did not take
into consideration the khasra entries of the year 1952-53. The Tehsildar vide
note-sheet dated 10.05.2019 forwarded the case of the Sub-Divisional Officer
for forwarding it to the Collector as it has no powers to correct the entries older
than five years. The Collector refused to accord the permission and despite
refusal of the permission, the Sub-Divisional Officer passed the impugned
orders without authority of law by declaring the ancestral land of the writ
petitioner as Government land.
It is the case of the appellant/State that an alternative efficacious remedy
of appeal was available to the writ petitioner. It is submitted that in the light of
the direction issued by this Court in Writ Petition No.19040 of 2015 and on the
basis of the report submitted by the Nazul Officer, the Collector forwarded the
matter to the Tehsildar for correction of the record and the Sub-Divisional
Officer corrected the land records. Since a Civil Suit No.24-A/2017 and an
MJC No.82/2018 are pending before the competent Court and, therefore,
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 6/2/2023
11:17:42 AM
learned Single Judge ought not to decide the question of title and ought to have
remanded the matter to the revenue authorities. Hence, the present writ appeal.
Learned counsel appearing for the respondent has supported the
impugned order contending that the learned Single Judge after going the relevant
provisions of law has rightly decide the question and held that that the writ
petitioner has acquired the status of Bhumiswami in the light of Section 157 and
158 of the Code. The Sub-Divisional Officer has passed the impugned order
without authority of law, against which departmental action has also been taken
against him. The said civil suit is not related to the lands of the writ petitioner
but in respect of some other lands. Learned Single Judge considering the fact
that the impugned order has been passed against a dead person without
issuance of any notice or without giving any opportunity of hearing to the legal
representative having no authority has rightly allowed the writ petition setting
aside the impugned orders passed by the revenue authorities, which does not
warrant any interference in the present writ appeal. He has prayed for dismissal
of the writ appeal.
Heard learned counsel for the parties and perused the record.
It is undisputed fact that the petitioner's forefathers are the owner of the
lands in question for the last 75 years and the names of the petitioner's
forefathers have been shown as "Kashtkaran Mourusi or Pattedar" falls under
Class-6. On coming into force the Madhya Pradesh Land Revenue Code on
02.10.1959 by virtue of Section 158(d)(i), the original owner/writ petitioner
acquired the status of a Bhumiswami. The father of the petitioner had already
died and without issuance of any notice and without giving any opportunity of
hearing to the legal representative, the impugned order without authority of law
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 6/2/2023
11:17:42 AM
has been passed by the Sub-Divisional Officer gainst a dead person. It is also
pertinent to note that no permission was given to Tehsildar/Sub Divisional
Officer by the Collector to correct the entries older than five years, which is
mandatory. The learned writ Court after going through the various provisions of
law and also a judgment passed in the case of Keshar Bai (Smt.) and others vs.
Ram Khilawan and another, 1993 RN 194 has rightly allowed the writ petition
setting aside the impugned orders, which does not call for any interference in
the present writ appeal.
Writ appeal sans merit and is accordingly dismissed.
Pending interlocutory applications stand disposed off.
(RAJENDRA KUMAR (VERMA)) (AVANINDRA KUMAR SINGH)
V. JUDGE V. JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 6/2/2023
11:17:42 AM
