Madhya Pradesh High Court
Dilip Singh vs The State Of Madhya Pradesh on 4 March, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 4 th OF MARCH, 2024
WRIT PETITION No. 4933 of 2020
BETWEEN:-
1. DILIP SINGH S/O LATE SHRI THAKUR SINGH,
AGED ABOUT 57 YEARS, OCCUPATION:
AGRICULTURIST R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
2. MOTI SINGH S/O LATE SHRI THAKUR SINGH,
AGED ABOUT 63 YEARS, OCCUPATION: RETD
TEACHER R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
3. MANOHAR SINGH S/O LATE SHRI THAKUR
SINGH, AGED ABOUT 51 YEARS, OCCUPATION:
KIRANA SHOP R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
4. NARAYAN SINGH S/O LATE SHRI THAKUR SINGH,
AGED ABOUT 62 YEARS, OCCUPATION:
AGRICULTURIST R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
5. MADAN SINGH S/O LATE SHRI THAKUR SINGH,
AGED ABOUT 59 YEARS, OCCUPATION: GOVT.
TEACHER R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
6. RAMESH SINGH S/O LATE SHRI THAKUR SINGH,
AGED ABOUT 57 YEARS, OCCUPATION: GOVT.
TEACHER R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
7. SMT. RESHAM SINGH W/O LATE SHRI THAKUR
SINGH, AGED ABOUT 85 YEARS, OCCUPATION:
HOUSEWIFE R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
8. BANE SINGH S/O LATE SHRI SAVAI SINGH, AGED
ABOUT 42 YEARS, OCCUPATION: AGRICULTURIST
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 07-03-2024
16:22:46
2
9. GULAB SINGH S/O LATE SHRI SAVAI SINGH,
AGED ABOUT 40 YEARS, OCCUPATION:
AGRICULTURIST R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
10. OMPRAKASH SINGH S/O LATE SHRI SAVAI
SINGH, AGED ABOUT 38 YEARS, OCCUPATION:
AGRICULTURIST R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
11. HARI SINGH S/O LATE SHRI SAVAI SINGH, AGED
ABOUT 36 YEARS, OCCUPATION: AGRICULTURIST
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
12. SMT. MISHRI BAI W/O LATE SHRI SAVAI SINGH,
AGED ABOUT 82 YEARS, OCCUPATION:
HOUSEWIFE R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
13. BABULAL SINGH S/O LATE SHRI RAI SINGH,
AGED ABOUT 32 YEARS, OCCUPATION: LABOUR
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
14. RAGHUVEER SINGH S/O LATE SHRI SAVAI SINGH,
AGED ABOUT 22 YEARS, OCCUPATION: PVT JOB
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
15. SITA BAI D/O LATE SHRI RAI SINGH, AGED
ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
16. SMT. MAYA BAI D/O LATE SHRI RAI SINGH, AGED
ABOUT 26 YEARS, OCCUPATION: AGRICULTURIST
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
17. SMT. RUKMANI D/O LATE SHRI RAI SINGH, AGED
ABOUT 24 YEARS, OCCUPATION: AGRICULTURIST
R/O. VILL. KANRA KHEDI TEH ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SUMAN MUKHERJEE - ADVOCATE )
AND
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 07-03-2024
16:22:46
3
1. THE STATE OF MADHYA PRADESH THR THE
PRESIDENT BOARD OF REVENUE DISTT.
GWALIOR (MADHYA PRADESH)
2. COMMISSIONER BHOPAL DISTT. BHOPAL
(MADHYA PRADESH)
3. COLLECTOR SEHORE DISTT. SEHORE (MADHYA
PRADESH)
4. SUB DIVISIONAL OFFICER ASHTA DISTT. SEHORE
(MADHYA PRADESH)
5. TEHSILDAR ASHTA DISTT. SEHORE (MADHYA
PRADESH)
6. BATASI BAI W/O LATE SHRI RAM PRASAD, AGED
ABOUT 80 YEARS, KANRA KHEDI ASTHA SEHORE
(MADHYA PRADESH)
7. KODAR BAI W/O LATE SHRI SURAJ SINGH, AGED
ABOUT 78 YEARS, KANRA KHEDI ASTHA SEHORE
(MADHYA PRADESH)
8. JEETMAL S/O LATE BAHADUR SINGH, AGED
ABOUT 45 YEARS, KANRA KHEDI ASTHA SEHORE
(MADHYA PRADESH)
9. KEDAAR SINGH S/O LATE BAHADUR SINGH,
AGED ABOUT 40 YEARS, KANRA KHEDI ASTHA
SEHORE (MADHYA PRADESH)
10. JAGDISH SINGH S/O LATE BAHADUR SINGH,
AGED ABOUT 38 YEARS, KANRA KHEDI ASTHA
SEHORE (MADHYA PRADESH)
11. SHRIKRISHAN S/O LATE SHRI BAHADUR SINGH,
AGED ABOUT 30 YEARS, KANRA KHEDI ASTHA
SEHORE (MADHYA PRADESH)
12. GANGABAI W/O LATE SHRI BAHADUR SINGH,
AGED ABOUT 65 YEARS, KANRA KHEDI ASTHA
SEHORE (MADHYA PRADESH)
13. KAMAL SINGH S/O LATE SHRI JAGANNATH
SINGH, AGED ABOUT 70 YEARS, KANRA KHEDI
ASTHA SEHORE (MADHYA PRADESH)
14. RAM SINGH S/O LATE SHRI JAGANNATH SINGH,
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 07-03-2024
16:22:46
4
AGED ABOUT 62 YEARS, KANRA KHEDI ASTHA
SEHORE (MADHYA PRADESH)
15. MOHAN SINGH S/O LATE SHRI JAGANNATH
SINGH, AGED ABOUT 60 YEARS, KANRA KHEDI
ASTHA SEHORE (MADHYA PRADESH)
16. LEELA BAI W/O SHRI RAJMAL D/O LATE SHRI
JAGANNATH SINGH, AGED ABOUT 72 YEARS,
LORASHKALALN ASHTA SEHORE (MADHYA
PRADESH)
17. CHANDA W/O NARAYAN D/O LATE JAGANNATH
SINGH, AGED ABOUT 68 YEARS, BAMULIA TAH.
KALAPIPAL DISTT. SAJAPUR (MADHYA PRADESH)
18. SIPRA BAI W/O HEMRAJ, D/O LATE JAGANNATH
SINGH AGED ABOUT 50 YEARS, KUMRADA ASTHA
SEHORE (MADHYA PRADESH)
19. DEVI SINGH S/O BOUDAR SINGH, AGED ABOUT 97
YEAR S, R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
20. RAJMAL S/O LATE SHRI BAGIRATH, AGED ABOUT
85 YEARS R/O. VILL. KANRA KHEDI TEH ASTHA
DISTRICT SEHORE (MADHYA PRADESH),
21. HARINARAYAN S/O LATE SHRI BAGIRATH, AGED
ABOUT 75 YEARS, DUPERIYA ASTHA SEHORE
(MADHYA PRADESH)
22. DASHRATH S/O LATE SHRI BAGIRATH, AGED
ABOUT 68 YEARS, R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
23. BABULAL S/O LATE SHRI BAGIRATH, AGED
ABOUT 58 YEARS R/O. VILL. KANRA KHEDI TEH
ASTHA DISTRICT SEHORE (MADHYA PRADESH),
24. AJAB SINGH S/O LATE SHRI KUMHER SINGH,
AGED ABOUT 45 YEARS R/O. VILL. KANRA KHEDI
TEH ASTHA DISTRICT SEHORE (MADHYA
PRADESH),
25. RAJENDRA SINGH S/O LATE SHRI KUMHER
SINGH, AGED ABOUT 43 YEARS, R/O. VILL.
KANRA KHEDI TEH ASTHA DISTRICT SEHORE
(MADHYA PRADESH)
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 07-03-2024
16:22:46
5
26. SMT. RASKUWAR W/O KEDAAR SINGH, D/O LATE
KUMHER SINGH, AGED ABOUT 52 YEARS,
SUNKHEDI TAH. ASTHA DISTRICT SEHORE
(MADHYA PRADESH)
27. SMT. DOLLY BAI W/O VIKRAM SINGH, D/O LATE
KUMHER SINGH, AGED ABOUT 32 YEARS, R/O
KOLIA TAH. SUJAALPUR DISTRICT SAJAPUR
(MADHYA PRADESH)
28. RAMKUWAR W/O LATE SHER SINGH, AGED
ABOUT 90 YEARS, BHATONI SEHORE (MADHYA
PRADESH)
29. MAGILAL S/O LATE RAGHUNATH SINGH, AGED
ABOUT 75 YEARS, R/O VILLAGE KANRA KHEDI
TAH. ASTHA DISTRICT SEHORE (MADHYA
PRADESH)
30. PHOOL KUWAR W/O LATE MEHARBAAN SINGH,
AGED ABOUT 52 YEARS, R / O VILLAGE KANRA
KHEDI TAH. ASTHA DISTRICT SEHORE (MADHYA
PRADESH)
31. ARJUN SINGH S/O LATE MEHARBAAN SINGH,
AGED ABOUT 39 YEARS, R/O VILLAGE KANRA
KHEDI TAH. ASTHA DISTRICT SEHORE (MADHYA
PRADESH)
32. RAVI SINGH S/O LATE MEHARBAAN SINGH,
AGED ABOUT 28 YEARS, R / O VILLAGE KANRA
KHEDI TAH. ASTHA DISTRICT SEHORE (MADHYA
PRADESH)
33. MAHENDRA SINGH S/O LATE MEHARBAAN
SINGH, AGED ABOUT 26 YEARS, R / O VILLAGE
KANRA KHEDI TAH. ASTHA DISTRICT SEHORE
(MADHYA PRADESH)
34. SMT. SANJU D/O LATE MEHARBAAN SINGH,
AGED ABOUT 38 YEARS, R / O VILLAGE KANRA
KHEDI TAH. ASTHA DISTRICT SEHORE (MADHYA
PRADESH)
35. SMT. MANJU D/O LATE MEHARBAAN SINGH,
AGED ABOUT 27 YEARS, BHOPAL (MADHYA
PRADESH)
36. SMT. ANURADHA D/O LATE MEHARBAAN SINGH,
AGED ABOUT 24 YEARS R/O VILLAGE KANRA
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 07-03-2024
16:22:46
6
KHEDI TAH. ASTHA DISTRICT SEHORE (MADHYA
PRADESH),
37. ANITA D/O LATE MEHARBAAN SINGH, AGED
ABOUT 32 YEARS, LOKHGARHI TAH. ASTHA
DISTRICT SEHORE (MADHYA PRADESH)
38. SMT. SHUSHILA BAI W/O BABULAL, AD/O LATE
BAHADUR SINGH GED ABOUT 47 YEARS, VILLAGE
LOHRAS KALAN TAH. ASTHA DISTRICT SEHORE
(MADHYA PRADESH)
39. HEMRAJ SINGH S/O PRAYJI, AGED ABOUT 75
YEARS, R/O KANRA KHEDI TAH. ASTHA DISTRICT
SEHORE (MADHYA PRADESH)
40. RESHAM BAI W/O LATE BAPU SINGH, AGED
ABOUT 82 YEARS, R/O KANRA KHEDI TAH.
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
41. ACHARAJ BAI D/O LATE BAPU SINGH, AGED
ABOUT 63 YEARS, R/O KANRA KHEDI TAH.
ASTHA DISTRICT SEHORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HITENDRA KUMAR GOLHANI - GOVERNMENT ADVOCATE &
SHRI NISHANT AGRAWAL - ADVOCATE FOR RESPONDENT NO.10)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 227 of Constitution of India has been filed
against the order dated 08.01.2020 passed by Board of Revenue in Case
No.Revision 511-2/2016.
2.It is submitted by counsel for petitioners that Maha Singh has 6
children namely; Sunder Bai, Mulia Bai, Dhaula Bai, Pyarji, Fateh Singh and
Mishrilal. The petitioners represent the family tree of Pyarji; whereas some of
the respondents represent the branch of Mishrilal. The property in dispute
belongs to Pyarji but the descendants of Mishrilal by claiming it to be the
property of Maha Singh, also got their names mutated in the revenue records.
3.Being aggrieved by the order of mutation dated 12.12.1989 passed by
Naib Tahsildar, Ashta, District Sehore, the petitioners preferred an appeal
before SDO, Ashtha, District Sehore, which was registered as Case
No.91/Appeal/2010-11. The said appeal was allowed by order dated 13.07.2011
and the order of mutation was set aside and the matter was remanded back to
decide afresh after giving opportunity of hearing to all the interested parties.
4.Being aggrieved by the said order, the respondents Batasi Bai etc. filed
an appeal before the Additional Commissioner, Bhopal Division, Bhopal, which
was registered as Case No.362/Appeal/14-15, which was allowed by order
dated 03.02.2016 and order dated 13.07.2011, passed by SDO, Ashta, District
Sehore was set aside on the ground that the SDO before deciding the appeal on
merits, should have decided the application filed under section 5 of Limitation
Act. However, without deciding the said application, the appeal was decided on
merits.
5.Being aggrieved by the said order, the petitioners preferred a revision
before the Board of Revenue, which too has been dismissed by impugned
order dated 08.01.2020.
6.Challenging the order passed by the authorities below, it is submitted
by counsel for petitioner that in fact the property in dispute is the self-acquired
property of Pyarji and not ancestral property. The descendants of Mishrilal
have no right or share in the property but by claiming property to be the
property of Maha Singh, they are claiming that Mishrilal and now they also have
a share along with Pyarji.
7.Per contra, the petition is vehemently opposed by counsel for
respondent no.10. It is submitted that the SDO, Ashta, District Sehore should
not have decided the appeal on merits without deciding the question of
limitation and accordingly the Additional Commissioner, Bhopal Division,
Bhopal as well as Board of Revenue have rightly set aside the order passed by
the SDO.
8.None for the respondent nos.3 to 41 (except respondent no.10).
9.This Court by order dated 03.08.2023 had permitted the petitioner to
serve the respondents through paper publication in local newspaper. Thereafter,
I.A.No.14566/2023 was filed seeking exemption to serve respnodent nos.1 and
2 through paper publication. By order dated 26.09.2023 the said exemption was
granted. The notices were published in the daily newspaper Hari Bhoomi
published from Bhopal on 09.09.2023. On 26.09.2023 as none had appeared
for the other respondents, therefore, the case was adjourend.
10.Today, none appears for the other unrepresented respondents.
11.Heard the learned counsel for the parties.
12.The only question, requires consideration in the present case, is as to
whether the SDO should have decided the appeal without considering the
application filed under section 5 of Limitation Act or not?
13.Unless and until the delay is condoned, it cannot be said that there
was any appeal in the eye of law and under these circumstances, the SDO
should not have decided the appeal on merits. Both the authorities below i.e.
Additional Commissioner as well as Board of Revenue have held that the appeal
was allowed by SDO, Ashta, District Sehore without considering the
application filed under section 5 of Limitation Act.
14.Under these circumstances, this Court does not find any illegality in
the orders passed by the Additional Commissioner as well as Board of Revenue
by holding that the SDO, Ashta, District Sehore should not have decided the
appeal on merits.
15.However, there is another aspect of the matter, which cannot be lost
sight of. The Additional Commissioner, Bhopal Division, Bhopal by order
dated 03.02.2016 has set aside the order passed by SDO. Since the order was
set aside on the technical issue then in the considered opinion of this Court the
Additional Commissioner, Bhopal Division, Bhopal should have remanded the
matter back to SDO, Ashta, District Sehore to take up the application under
section 5 of Limitation Act and only after deciding the said application, should
proceed further on merits. However, instead of remanding the matter the
Additional Commissioner, Bhopal Division, Bhopal has closed the proceedings
for once and all.
15.Under these circumstances, the order dated 03.02.2016 passed by
Additional Commissioner, Bhopal Division, Bhopal in Case No.362/Appeal/14-
15 and order dated 08.01.2020 passed by Board of Revenue in Case
No.Revision 511-2/16 require modification.
16.Accordingly, both the orders are modified and the matter is remanded
back to the SDO, Ashta, District Sehore to take up the application filed under
section 5 of the Limitation Act and to decide the same. In case if the SDO,
Ashta, District Sehore comes to a conclusion that sufficient grounds were made
out by the petitioners for condonation of delay, then after condoning the delay
the SDO, Ashta, District Sehore shall proceed further and in case if the SDO,
Ashta, District Sehore comes to a conclusion that no sufficient ground could be
made out for condonation of delay, then he shall pass the order in accordance
with law. In case if the delay is condoned, then the petitioners shall also be at
liberty to place different judgments and decrees passed by the civil court in
support of their contentions.
17.With aforesaid observations, the petition is finally disposed of.
18.The parties are directed to appear before SDO, Ashta, District Sehore
on 05.04.2024.
19.Since all the respondents are served, therefore, no fresh notices would
be required to any of the unrepresented respondents.
(G.S. AHLUWALIA)
JUDGE
TG /-
