Madhya Pradesh High Court

Naveen Kumar Jain vs The State Of Madhya Pradesh on 6 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       WP No. 11930 of 2023
                                      (NAVEEN KUMAR JAIN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 06-05-2024
                                 Shri Ajay Kumar Jain - Advocate for petitioner.

                                 Shri H.S. Ruprah - Additional Advocate General for respondents/State.

In paragraph 9 of the judgment dated 17.07.1998 passed by Civil Court, Civil Court has referred to the evidence of Sunilkumar (P.W.-3) and according to said paragraph Sunil Kumar had stated that petitioner has not raised any

construction over khasra No.68/6 whereas it is the case of petitioner that his construction over khasra No.68/6 has been demolished by respondents.

It is submitted by Shri Jain that there appears to be some typographical error in paragraph 9.

Accordingly, he prays for and is granted two weeks' time to file certified copy of deposition sheet of Naveen Kumar recorded in Civil Suit No.44-A/95 decided by Civil Judge Class-II, Gadarwara, District Narsinghpur.

Shri Jain is also directed to explain the authority of Tehsildar to confer the Bhumiswami rights over the land for residential purposes as done by him in

Revenue Case No.52-A/1982-83.

By order dated 04.09.2023 this Court had directed State authority to verify as to whether grant of Bhumiswami rights (Annexure P/1) is a genuine document or not and accordingly, respondents have filed their compliance report on 10.10.2023 claiming that Patta (Annexure P/1) is a genuine document.

However, the question is as to whether Tehsildar could have granted Bhumiswami rights and if yes, then under what provision of law and whether formalities which are required to be fulfilled were taken note of by

Additional Tehsildar, Chawarpatha, District Narsinghpur or not?

Accordingly, State counsel is also directed to keep the record of revenue Case No.52-A/1982-83 decided by Additional Tehsildar, Chawarpatha, District Narsinghpur available and shall also apprise this Court the provision of law under which Bhumiswami rights can be conferred on a person for residential purposes of non-abadi land.

List immediately after two weeks.

Interim order dated 27.06.2023 is hereby extended till next date of listing.

(G.S. AHLUWALIA) JUDGE