Madhya Pradesh High Court
Revalal vs The State Of Madhya Pradesh on 11 March, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 11 th OF MARCH, 2024
WRIT PETITION No. 10093 of 2010
BETWEEN:-
REVALAL S/O BHAIYALAL, AGED ABOUT 53 YEARS,
VILL DHAWADONGRI @ BAHMNI TEHSIL AND DISTT
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SAKET AGRAWAL - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY REVENUE DEPTT., MANTRALAYA,
VALLABH BHAWAN (MADHYA PRADESH)
2. THE BOARD OF REVENUE GWALIOR DISTT.
GWALIOR (MADHYA PRADESH)
3. THE ADDITIONAL COMMISSIONER JABALPUR
DIVISION JABALPUR (MADHYA PRADESH)
4. THE COLLECTOR DINDORI DISTT. DINDORI
(MADHYA PRADESH)
5. THE NAIB TEHSILDAR BAJANG TEH. & DISTT.
DINDORI (MADHYA PRADESH)
6. SUKHLAL S/O PUSWA BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
7. RANGILAL S/O SUKLU BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
8. BRIJLAL S/O PATWARI BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 3/13/2024
11:56:55 AM
2
9. MANSINGH S/O HARIRAM BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
10. ARJUN S/O CHOTELAL BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
11. CHIDAMI S/O BARERDI BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
12. FAGUWA S/O NANGA BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
13. BUDHDHU SINGH S/O PATWARI BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
14. SARITA OCCUPATION: SARPANCH GRAM
PANCHAYAT DHAWADONGRI BAHMNI @
DHAWAADONGRI TEH. & DISTT. DINDORI
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI K.V. S. RAO - PANEL LAWYER FOR THE STATE )
(SHRI MOHD. SHAFIQULLAH - ADVOCATE FOR RESPONDENT NOS. 6 TO
14.
This petition coming on for admission this day, th e court passed the
following:
ORDER
This is a petition filed by the petitioner seeking quashment of order dated 26.5.2009 (Annexure P-4) passed by the Collector and the order dated 19.4.2010 (Annexure P-5) passed by the Board of Revenue, Gwalior
2. The facts, as detailed in the petition, reveal that the land bearing Khasra No. 235/2, area 0.65 hectares and Khasra No. 316/2, area 0.52 hectares situated at Village Dhawadongri @ Bahmni, Tahsil and District Dindori was allotted on Patta to the petitioner by the Tahsildar. Assailing the order of grant of Patta in favour of the petitioner, an appeal was preferred by one Deepak Singh before Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/13/2024 11:56:55 AM 3 the Sub Divisional Officer after lapse of about 10 years. The said appeal was dismissed by the Sub Divisional Officer vide order dated 30.11.2000. Assailing the order dated 30.11.2000 passed by the Sub Divisional officer, an appeal was preferred by Deepak Singh before the Additional Commissioner, Jabalpur Division, Jabalpur. The Commissioner vide order dated 30.1.2005 while recording settlement between the petitioner and Deepak Singh disposed of the appeal. On 1.4.2005, an application was filed by respondent Nos. 6 to 14 before the Additional Commissioner, Jabalpur Division, Jabalpur , who were strangers to entire proceedings, questioning the order dated 30.11.2000, which was passed by the Sub Divisional Officer. The Additional Commissioner, while observing that against the order dated 30.11.2000 passed by the Sub Divisional Officer under Section 44 of the M.P. Land Revenue Code, there was remedy of revision before the Collector, disposed of the appeal. Thereafter, respondent Nos. 6 to 14 preferred a revision before the Collector. The Collector vide order dated 26.5.2009 (Annexure P-4) has allowed the revision and has also set aside the order pertaining to grant of Patta (Annexure P-1) passed by the Tahsildar. Being aggrieved thereby the petitioner filed a revision before the Board of Revenue - Gwalior, which has been dismissed vide impugned order dated 19.4.2010 (Annexure P-5). Hence, assailing the order dated 26.5.2009 (Annexure P-4) passed by the Collector and the order dated 19.4.2010 (Annexure P-5) passed by the Board of Revenue, Gwalior, this petition has been preferred.
3. It is contended by the counsel for the petitioner that the order impugned passed by the Collector is unsustainable, inasmuch as respondent Nos. 6 to 14 were strangers to litigation and at no point of time they were party Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/13/2024 11:56:55 AM 4 before the Tahsildar or Sub Divisional Officer. Later on, after disposal of the case, which was pending between the petitioner and Deepak Singh, with an oblique motive, an application before the Additional Commissioner, Jabalpur Division, Jabalpur was made by respondent Nos. 6 to 14, which was not maintainable. It is submitted that in terms of the provisions of Revenue Book Circular, the Collector is not empowered to deal with the appeal, which was arising out of order of grant of Patta. Clause 30 of the Revenue Book Circular does not leave scope for the Collector to pass such an order. The Tahsildar is empowered to grant Patta in favour of the petitioner, which is also evident from perusal of circular dated 30.6.2007. The counsel for the petitioner further submits that in the present case, the powers could not have been exercised suo moto by the Authority in view of the law laid down by Full Bench of this Court in Second Appeal No. 154/2001 (Renveer Singh and others Vs. State of M.P.) decided on 30.8.2010. The counsel has also placed reliance on the decisions of this Court in Ram Bharosi Sharma Vs. State of M.P. and others - 2002 (3) MPHT 205 and Kashiram Vs. Hariram and others - 2008 (1) MPHT 170.
4. Per contra, the counsel for the State has supported the impugned orders.
5. The counsel for respondent Nos. 6 to 14 has supported the order passed by the Collector and submitted that the Collector has recorded the finding that Tahsildar has exceeded his jurisdiction while allotting Patta of forest land in favour of the petitioner. Such finding of the Collector, in absence of any infirmity, does not require to be interfered with.
6. No other point is argued or pressed by the counsel for the parties.
7. Heard the submissions advanced on behalf of the parties and perused Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/13/2024 11:56:55 AM 5 the record.
8. On perusal of record, it reflects that in the present case the Patta of land in question was allotted to the petitioner by the Tahsildar vide Annexure P- 1 way back in the year 1990. The said allotment of Patta was questioned by one Deepak Singh, Ram Prasad and other villagers of village Dhawadongri by filing an appeal before the Sub Divisional Officer, Dindori, The Sub Divisional Officer vide order dated 30.11.2000 dismissed the said appeal. Assailing the order dated 30.11.2000, Deepak Singh and others filed an appeal before the Additional Commissioner, Jabalpur Division, Jabalpur. During pendency of the appeal, the parties arrived at compromise and in view of the compromise, the said appeal was disposed of by the Additional Commissioner vide order dated 31.1.2005 (Annexure P-2). Later on, respondent Nos. 6 to 14 approached the Additional Commissioner and the Additional Commissioner while reserving the right with respondent Nos. 6 to 14 to prefer a revision before the Collector, disposed of the appeal. On revision being preferred by respondent Nos. 6 to 14, the Collector passed impugned order dated 26..5.2009 (Annexure P-4).
9. A perusal of the order passed by the Collector reveals that the same was passed by the Collector while appreciating the fact that the land in question is recorded as forest land. The Collector has also observed that the Tahsildar had no power or jurisdiction to allot forest land on Patta. The order passed by the Collector is also important, inasmuch as, the dispute was not involving any individual interest. On the contrary, the villagers were litigating the matter and this aspect was required to be considered by the Additional Commissioner while closing the case on the basis of settlement arrived at between the petitioner and Deepak Singh. In the considered opinion of this Court, the Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/13/2024 11:56:55 AM 6 Collector has rightly observed that the Tahsildar, in absence of any power, was not entitled to allot Patta of land, which was earmarked as forest land. The Tahsildar has exceeded the power and this aspect has been rightly taken cognizance by the Collector. It is further important that the Additional Commissioner also could not have disposed of the revision, inasmuch as the Additional Commissioner was required to appreciate that it was not only Deepak Singh, who individually had preferred the appeal before the Collector, on the contrary, other villagers of concerned Gram Panchayat, were also litigating the matter. Thus, the revision preferred by Deepak Singh and other villagers could not have been permitted to be withdrawn/closed in view of some compromise between Deepak Singh and the present petitioner.
10. The reliance placed by the petitioner on the decision of Full Bench in Ranveer Singh (supra) is grossly misconceived, inasmuch as, it is not a case where suo moto power of revision has been exercised, on the contrary, as per the direction of the Additional Commissioner, respondent Nos. 6 to 14 preferred a revision before the Collector, which has been taken cognizance of.
11. Similarly, reliance on the other decisions are also misplaced in view of the fact that the land in question was earmarked as forest land, Patta of which could not have been allotted to the petitioner.
12. Thus, this Court is of the considered view that the Collector did not commit any error while passing the order dated 26.5.2009 (Annexure P-4). There is complete failure on the part of the petitioner to demonstrate as to how the petitioner was entitled for allotment of Patta of the land, which was earmarked as the forest land.
13. The petition, being devoid of merits, is hereby dismissed.
Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/13/2024 11:56:55 AM 7(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 3/13/2024 11:56:55 AM