Girish Kumar Mishra (Gautam) vs Aam Janta Village Kanchanpur ...
2023 Latest Caselaw 17914 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 27 th OF OCTOBER, 2023
                                           MISC. PETITION No. 5610 of 2023

                           BETWEEN:-
                           1.    GIRISH KUMAR     MISHRA (GAUTAM) S/O
                                 BALKISHOR MISHRA OCCUPATION: RETD. DSP
                                 SINGROULI     R/O     KOTHI     TEHSIL
                                 RAGHURAJNAGAR DISTT. SATNA (MADHYA
                                 PRADESH)

                           2.    SATISH KUMAR MISHRA S/O BALKISHOR
                                 MISHRA OCCUPATION: PRIEST R/O KOTHI
                                 TEHSIL RAGHURAJNAGAR DISTRICT SATNA
                                 (MADHYA PRADESH)

                           3.    SHAILENDRA MISHRA S/O SHRI BALKISHORE
                                 MISHRA OCCUPATION: CULTIVATOR R/O KOTHI
                                 TEHSIL RAGHURAJNAGAR DISTRICT SATNA
                                 (MADHYA PRADESH)

                           4.    YOGENDRA KUMAR MISHRA S/O BALKISHROE
                                 MISHRA OCCUPATION: RETD. PRIVATE JOB
                                 EMPLOYEE     R/O     KOTHI      TEHSIL
                                 RAGHURAJNAGAR DISTRICT SATNA (MADHYA
                                 PRADESH)

                           5.    BAL  KISHORE    S/O  AWADHES   GOUTAM
                                 OCCUPATION: CULTIVATOR R/O KOTHI TEHSIL
                                 RAGHURAJNAGAR DISTRICT SATNA (MADHYA
                                 PRADESH)

                                                                              .....PETITIONERS
                           (BY SHRI RUPESH SINGH THAKUR - ADVOCATE)

                           AND
                           AAM     JANTA VILLAGE KANCHANPUR    PATARI
                           BAM HAUR ALA BHAINSWAR KOTHI DISTT. SATNA
                           THROUGH THESILDAR TEHSIL RAGHURAJNAGAR
                           DISTT. SATNA (MADHYA PRADESH)

                                                                             .....RESPONDENTS
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 27-10-2023
18:51:29
                                                                2
                           (NONE)

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

This Miscellaneous Petition is filed by petitioners being aggrieved of the order dated 04.05.2023, passed by the Collector and District Magistrate, Satna (M.P.), in RCMS No.0160/B-121/2021-22, wherein at the request of the public at large of Village Kanchanpur, Pathari, Bamhrola, Bhainswar, Kothi, Tahsil Raghurajnagar, District Satna, matter was taken up and it was found that none of the petitioners have any valid title over the land which is Government land and which has been encroached by the petitioners.

It is submitted that the finding recorded by the Collector is erroneous and arbitrary and a suit should have been filed by the State Government. Attention is drawn to the provisions contained in Section 91 of CPC, which deals with public nuisances and other wrongful acts affecting the public. It is submitted that without filing a suit, Collector could not have exercised its authority directing removal of petitioners and registration of said land in the name of 'Jungle & Shamshan'.

After hearing learned counsel for petitioners and going through the record, firstly provisions contained in Section 91 CPC, are not applicable to the facts and circumstances of the case. It is not a case of public nuisance. It is a case of encroachment simplicitor. Petitioners without establishing their title before the competent authority were found to be encroachers on the land which is originally registered as forest land and that of Shamshan (Cremation ground).

No title document is produced before this Court. Mere mutation carried out in favour of the petitioners will not create any equitable right or will not give Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 27-10-2023 18:51:29

title to the petitioners. It is settled principle of law that mutation entries do not cause title in favour of a person in whose favour mutation has been carried out. In support, please refer to judgment of Supreme Court in Jitendra Singh Vs. The State of Madhya Pradesh and others (2021 SCC Online SC 802). In Balwant Singh Vs. Daulat Singh (D) by LRs. [(1997) 7 SCC 137], it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue.

In absence of any documents to how title over the said land, impugned order when tested cannot be faulted with.

Petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 27-10-2023 18:51:29