Madhya Pradesh High Court
Shiv Saroj Pandey vs The State Of Madhya Pradesh on 30 August, 2024
NEUTRAL CITATION NO. 2024:MPHC-JBP:43634
1 MP-7694-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 30th OF AUGUST, 2024
MISC. PETITION No. 7694 of 2023
SHIV SAROJ PANDEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ramsuphal Chaturvedi, learned counsel for the petitioners.
Shri Lalit Joglekar, learned GA for the respondent/State.
ORDER
The present petition has been filed challenging the order dated 12/07/2023 passed by the Collector District Rewa, thereby directing fresh enquiry to be carried out by the Tahsildar in the matter of mutation.
2. The necessary facts for the purpose of disposal of present petition are that the petitioner had filed an application under Sections 114 & 115 of MP Land Revenue Code (in short 'MPLRC') before the Tahsildar which was decided by the Tahsildar by ordering correction of revenue entries and deleting the name of State Government from the revenue records and mutating the name of petitioner in the said revenue records. This order dated 17/09/2008 passed by the Tahsildar has been placed on record as Annex.P/7.
3. The petitioner did not take any action for enforcement of the said order for a long time and the action seems to be initiated in terms of the said order by moving an application in the year 2022.
4. The Tahsildar took note of the fact that the entries in the land are Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/31/2024 6:07:38 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:43634 2 MP-7694-2023 presently held in favour of the State Government and therefore, referred the matter to the Sub Divisional Officer vide order dated 08/08/2022. The Sub Divisional Officer in turn referred the matter to the Collector vide order dated 09/09/2022.
5. The Collector took note of the case and has instructed the Tahsildar to send the proposals which certain specific information as noted in the order dated 12/07/2023 which is impugned in the present petition.
6. Learned counsel for the petitioner contends that the Collector could not have asked for any fresh enquiry to be carried out once the earlier order passed by the Tahsildar has not been set aside which is dated 17/09/2008 and the authorities were bound to correct the revenue entries as per the said order dated 17/09/2008.
7. The matter of correction of wrong or incorrect revenue entries in land records is dealt with under Section 115 of MPLRC. Section 115 is as under:
[115. Correction of wrong or incorrect entry in land record.-(1) A Sub Divisional Officer may, on his own motion or on application of an aggrieved person, after making such enquiry as he deems fit, correct any wrong or incorrect entry including an unauthorized entry in the land records prepared under section 114 other than Bhoo-Adhikar Pustika and record of rights, and such corrections shall be authenticated by him:
Provided that no action shall be initiated for correction of any entry pertaining to a period to five years without the sanction in writing of the Collector. (2) No order shall be passed under sub-section(1) without-
(a) getting a written report from the Tahsildar concerned; and
(b) giving an opportunity of hearing to all parties Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/31/2024 6:07:38 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:43634 3 MP-7694-2023 interested:
Provided that where interest of Government is involved, the Sub-Divisional Officer shall submit the case to the Collector.
(3) On receipt of a case under sub-section(2), the Collector shall make such enquriy and pass such order as he deems fit.]
8. From a bare perusal of the aforesaid provision it is evident that as per proviso two Section 115(2), it is mandatory for the case to be submitted to the Collector where interest of the Government is involved in the matter of correction of such revenue entries. Thus, as per mandatory provisions of Section 115 as quoted above. the matter was required to be placed before the Collector and the Tahsildar has not erred in sending the matter to the SDO for approval and the SDO has not erred in sending the matter to the Collector. As per Section 115(3) on receipt of a case under Section 115(2) the Collector is required to make such enquiry and pass such order as he deems fit.]
9. The order impugned herein 12/07/2023 passed by the Collector is in accordance with Section 115(3) MPLRC and the Collector has only called for certain specific information which seems to be during course of enquiry being carried by the Collector in terms of Section 115(3) MPLRC.
10. Accordingly, it is found by this Court that the impugned order dated 12/07/2023 passed by the Collector is only during course of the proceedings in terms of Section 115(3) of MPLRC and no error can be found in the aforesaid order passed by the Collector. The Collector was not under an obligation to mechanically accept the order of Tahsildar because he has been given a statutory right and duty to cause enquiry in case of Government land or land involving interest of Government land.
11. Resultantly, no error has found in the impugned order dated 12/07/2023. The petition being devoid of merits, stands dismissed.
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/31/2024 6:07:38 PMNEUTRAL CITATION NO. 2024:MPHC-JBP:43634 4 MP-7694-2023 (VIVEK JAIN) JUDGE RS Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/31/2024 6:07:38 PM