Madhya Pradesh High Court
Chandradeep Chhabda vs The State Of Madhya Pradesh on 6 January, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.22963/2019
Chandradeep Chhabda Vs. State of M.P. and others
Gwalior, Dated :06/01/2020
Shri A.K. Nirankari, Advocate for petitioner.
Shri S.N. Seth, Government Advocate for respondents/State.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"(7.1) That, the respondent Registration Authority of Sheopur District Sheopur (MP) may kindly be pleased to direct to register the said sale deed. (7.2) That, the entire proceedings as initiated by the SDO on the instructions of the Tehsildar may kindly be pleased to set aside/quashed. (7.3) That, alternatively if the said documents could not be registered than the respondents may kindly be directed to return back the amount of stamp to the petitioner or the executor.
(7.4) That, any other suitable writ order or direction as deem fit by this Hon'ble Court may kindly be issued for doing justice in the matter. (7.5) That, the cost of the petition may kindly be pleased to awarded."
It is submitted by the counsel for the petitioner that the petitioner had purchased survey nos.277/2/1, 277/3, 277/9/1 total area 3.553 hectare situated at village Panwada, Tehsil and District Sheopur by registered sale deed dated 26/2/2011 after making full payment of consideration amount, i.e.Rs.10,20,000/-. Thereafter, the petitioner was also placed in possession. The name of the petitioner was also mutated in the revenue records. The petitioner moved an application for diversion of his land and by order dated 19/8/2019 the Digitally signed by ARUN KUMAR MISHRA Date: 07/01/2020 17:50:52 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.22963/2019 Chandradeep Chhabda Vs. State of M.P. and others said land was also diverted for residential purposes. It is pleaded that thereafter the petitioner has started selling the lands in plots and presented the sale deed before the Sub Registrar Office of Sheopur District for registration of the sale deed of a plot measuring area 278.70 sqm. And 836.12 sqm. in favour of Smt. Sheela Shrivastava and Shri Akash Ojha respectively, however, even after the expiry of reasonable time, the Sub Registrar, Sheopur has neither refused to register the document nor is registering the same and when the petitioner enquired from the Sub Registrar, then he was informed that the said land has been marked as non-transferable. Accordingly, the petitioner has filed an application under Section 32 of MPLRC to the Collector, Sheopur thereby requesting him to remove the said land from the list of non-transferable property with a further direction to the Sub Registrar to register the sale deed. Thereafter, the Collector forwarded the matter to SDO (Revenue) Karahal, District Sheopur for conducting an enquiry and for submitting a report, however, neither any report has been submitted nor the application filed by the petitioner under Section 32 of MPLRC, 1959 has been decided.
Heard learned counsel for the petitioner.
It is the case of the petitioner that his application filed under Section 32 of MPLRC, 1959 is still pending before the Collector, District Sheopur, which has not been decided so far. It is further Digitally signed by ARUN KUMAR MISHRA Date: 07/01/2020 17:50:52 3 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.22963/2019 Chandradeep Chhabda Vs. State of M.P. and others submitted that the land in question has been kept in the list of non- transferable land. It is also the case of the petitioner that he has divided the land in different plots and is intending to alienate the same to different purchasers for residential purposes. However, the sale deeds are not being executed. Thus, it is clear that the petitioner is intending to establish a colony. It is not the case of the petitioner that he is holding a coloniser license as required under M.P. Nagar Palika (Registration Of Coloniser, Terms and Conditions) Rules, 1998. Furthermore, the land in question has been kept in the category of non-transferable land. Since the application filed by the petitioner under Section 32 of MPLRC is pending, therefore, it is not necessary for this Court to dwell upon the question that whether the land in question has been rightly kept in the list of non-transferable land or not, or whether the petitioner can establish a colony or not ?
Under these circumstances, it is directed that in case if the application filed by the petitioner under Section 32 of MPLRC is still pending, then the same shall be decided by the Collector by passing a speaking order in accordance with law. It is further made clear that while deciding the application under Section 32 of MPLRC, the Collector, Sheopur shall also be under an obligation to consider various Acts/Rules governing the establishment of a colony or any Digitally signed by ARUN KUMAR MISHRA Date: 07/01/2020 17:50:52 4 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.22963/2019 Chandradeep Chhabda Vs. State of M.P. and others other relevant Acts/Rules. It is needless to mention here that the direction to decide the application should not be construed as a direction to allow the application. The application shall be decided strictly in accordance with law after keeping all the aspects under consideration, as mentioned above, including the maintainability of application under Section 32 of MPLR Code.
The petitioner is directed to file a certified copy of this order before the Collector, Sheopur. Let the entire exercise be done within a period of six months from the date of receipt of certified copy of this order.
With aforesaid observations and directions, the petition is disposed of.
(G.S. Ahluwalia)
Arun* Judge
Digitally signed by ARUN KUMAR
MISHRA
Date: 07/01/2020 17:50:52