Madhya Pradesh High Court
Avinash vs The State Of Madhya Pradesh on 25 June, 2015
WP-2858-2012
(AVINASH Vs THE STATE OF MADHYA PRADESH)
25-06-2015
Shri M.S. Bhatti, learned counsel for the petitioner.
Shri Manoj Kushwaha, learned P.L. for the State-respondents.
Heard.
The petitioner has filed this petition against the order dated 23.11.2010 (Annexure-P-8) passed by the Collector.
Contention of the petitioner is that he acquired the Bhoomiswami rights in regard to the land of Khasara No.68, 69,72 and 78 total area 9.75 Hectare. The aforesaid land was received by the petitioner from his forefather, who was Kotwar and in view of Section 158 (b) of the Madhya Pradesh Land Revenue Code 1959 (hereinafter in short 'the Code'), the petitioner acquired the Bhoomiswami rights. The contention of the petitioner has been negativated by the Collector vide order dated 23.11.2010. The Collector observed that the land was recorded as Government land and it was given to the forefather of the petitioner as a service land because they were working as Kotwar. The petitioner in his affidavit before the Collector has mentioned the fact that the land was given to his forefather Mogia S/o Budha in the year 1912-13 by the Government as Malgujari/Raiyat and same fact was recorded in the revenue record. The petitioner himself admitted the fact that the land was service land and it was given to the forefather because they were providing service to the State as Kotwar. The Collector further observed a fact that as per record of Bandobast 1912-13, the land in question was recorded as Government land and it was given to Mogia S/o Budha as a service land because he was providing service of Kotwar. The further finding has been recorded that the land which was of a service land and given to Kotwar in lieu of service, in that circumstances, the persons cannot acquire the Bhoomiswami rights on the land. Section 158 (1) (b) of the Code which is relevant provision as admitted by the learned counsel for the petitioner in regard to conferral of Bhoomiswami rights of certain land. Section reads as under:-
â(b) every person in respect of land held by him in the Madhya Bharat region as a Pakka tenant or as a Muafidar, Inamdar or concessional holder, as defined in the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007.â In accordance with the aforesaid Section, Pakka tenant or a Muafidar, Inamdar or concessional holder as defined in the Madhya Bharat Land Revenue and Tenancy Act can be conferred Bhoomiswami rights. However, the land in question was not Muafidar land or Inamdar land or forefather of the petitioner was not holding as concessional holder. They were given the land as 'service land' in lieu of their service as Kotwar. In such circumstances, in my opinion the petitioner could not be conferred the Bhoomiswami rights on the land in question. I do not find any merit in this petition it is hereby dismissed. No order as to the costs.
(S.K. GANGELE) JUDGE