Chandra Shekhar vs The State Of Madhya Pradesh
2024 Latest Caselaw 16040 MP

Citation : 2024 Latest Caselaw 16040 MP
Judgement Date : 29 May, 2024

Madhya Pradesh High Court

Chandra Shekhar vs The State Of Madhya Pradesh on 29 May, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                        ON THE 29 th OF MAY, 2024
                    WRIT PETITION No. 6116 of 2023

BETWEEN:-
CHANDRA SHEKHAR S/O LATE SHRI KASHIRAM, AGED
ABOUT 53 YEARS, OCCUPATION: TEACHER VILLGE
GOHINDA TEHSIL BHITARWAR (MADHYA PRADESH)

                                                                  .....PETITIONER
(BY SHRI SIDDHARTH SHARMA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY GOVT. OF M.P. VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    COLLECTOR N.A GWALIOR (MADHYA PRADESH)

3.    T E H S I L D A R N . A BHITARWAR          (MADHYA
      PRADESH)

                                                               .....RESPONDENTS
(BY SHRI SOHIT MISHRA - GOVERNMENT ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the

following:
                                     ORDER

The present Petition under Article 227 of the Constitution of India has been preferred seeking following reliefs:-

"1. The respondent authorities may kindly be directed to mutate the name of petitioner in the revenue record of survey No.1168/1Min Area 63 Bigha 2 Biswa situated at village Gohinda, Tehsil Bhitarwar, Gwalior.

2. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

2. Learned counsel for the petitioner submits that on 13.04.1948 petitioner's father i.e. late Shri Kashiram was given patta of land bearing survey No.1168/1 Min Area 63 Bigha 2 Biswa situated at village Gohinda, Tehsil Bhitarwar, Gwalior by Zamindar and upon enactment of Madhya Bharat Land Revenue and Tenancy Act Sambat 2007 and Madhya Pradesh land Revenue Code, 1959 right of Pakka Krashak and Bhumi Swami accrued in his favor, upon which his name was recorded in the revenue records for the period of samvat 2007 to 2024, but thereafter all of sudden behind the back of petitioner respondent/department has changed the revenue entries declaring aforesaid land as Charnoi land and had mutated the said land in the name of govt. from

Samvat 2025. Thereafter, proceedings under Section 248 of MPLRC were initiated wherein vide order dated 13.08.2004 fine of Rs.500/- was imposed.

3. Pursuant, thereto petitioner's father preferred a Civil suit bearing No.28-A/2005 seeking declaration and permanent injunction against the respondent department which was dismissed vide order dated 30.08.2010 and the same has been affirmed by First Appellate Court vide judgment and decree dated 04.02.2011 in Civil Appeal No.29-A/2010. Thereafter, the petitioner preferred Second Appeal bearing No.152/2011 before this Court wherein vide order dated 15.05.2013 judgment and decree of Civil Court and First Appellate Court has been dismissed and petitioner was declared Bhumswami of aforesaid land and further restrained the respondent/department to interfere in peaceful possession of petitioner. Being aggrieved with the same, the respondent preferred Special Leave to Appeal bearing No.18597/2019 before Hon'ble Supreme Court of India, which has been dismissed on the ground of delay.

4. It is further submitted that the petitioner in the year 2014 preferred an application before Tehsildar, Bhitarwar requesting him to mutate the name of

petitioner in the revenue entries with regard to the aforesaid property, but instead of mutating the name of petitioner, after preparing report on the said application, Tehsildar forwarded the same to the Collector, Gwalior but till date no action has been taken either by the Collector, Gwalior or the Tehsildar in this regard.

5. After hearing counsel for the petitioner and after going through the records, this Court deems it fit to direct the respondent No.2 i.e. Collector, Gwalior that if the matter is pending before it, it may take decision or if not, then direct Tehsildar to conclude the proceedings of mutation at the earliest preferably within a period of eight weeks from the date of receipt of certified copy of this order.

6. In case, no such application is found, then the petitioner be informed and be directed to file afresh application, which in turn shall be decided by the Tehsildar within the aforesaid period of eight weeks.

7. With the aforesaid direction, the petition stands disposed of. E-copy/Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE neetu NEETU

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SHASH 2.5.4.20=36b486bb0d381b950e435ec0 9e066bc6b58cb947c1474b7dc349a1cf 27eaa2ce, postalCode=474001, st=Madhya Pradesh, serialNumber=E60A9BBFC39E0EE500E

ANK AADE1E0B3B8565CB3A7DC9F5CD0481 97DF0FF3149AE58, cn=NEETU SHASHANK Date: 2024.05.31 11:23:55 -07'00'