Madhya Pradesh High Court
Rambaksh vs Hajarilal on 5 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:151
1 MP-821-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ALOK AWASTHI
MISC. PETITION No. 821 of 2022
RAMBAKSH AND OTHERS
Versus
HAJARILAL AND OTHERS
Appearance:
Shri Amit Raj, learned counsel for the petitioners.
Shri Siddharth Jain, learned counsel for the respondents.
RESERVED ON : 12.12.2025
PRONOUNCED ON : 05.01.2026
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ORDER
The petitioners before this Court have filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dated 14.10.2019 passed by the Additional Commissioner, Ujjain Division, Ujjain, whereby the appeal filed by the petitioners has been dismissed and order passed by the Sub Divisional Officer, Tarana, District - Ujjain dated 16.03.2016 has been affirmed.
02. The fathers of the respondents filed an application under Section 250 of the Madhya Pradesh Land Revenue Code, 1959 for reinstating them as a Bhumiswami and obtaining possession of land bearing Survey No.353 area 1.53 hectare. Vide order dated 15.04.2013, the said application was rejected by the Tehsildar, Tarana, District - Ujjain.
03. Being aggrieved by the aforesaid order, the father of the Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16 NEUTRAL CITATION NO. 2026:MPHC-IND:151 2 MP-821-2022 respondents approached the Sub Divisional Officer by way of appeal which came to be allowed vide order dated 16.03.2016 and Tehsildar was directed to take necessary action to hand over the possession based on the situation ascertained after the demarcation.
04. Being aggrieved by the order passed by the Sub Divisional Officer, the petitioners approached the Additional Commissioner, Ujjain Division, Ujjain by way of second appeal which came to be dismissed vide order dated 14.10.2019, meaning thereby, the order passed by the Sub Divisional Officer has been affirmed. Hence, present miscellaneous petition is before this Court.
05. Learned counsel for the petitioners submits that the impugned orders passed by the Additional Commissioner as well as Sub Divisional Officer are arbitrary and contrary to the law. The Tehsildar, Tarana has rightly dismissed the application under Section 250 of the MPLRC. An application under Section 250 of the MPLRC can only be filed within two years from the date of dispossession. Revenue Authorities are not competent to entertain such application after lapse of two years from the date of completion of proceedings under Section 129 of the MPLRC. Therefore, the impugned orders without jurisdiction. It is further submitted that the petitioners are in possession of the land in question for more than 30 years, however, without considering the same the application has been allowed. On such premises, a prayer has been made that the impugned orders be set aside.
06. Learned counsel for the respondents has opposed the aforesaid submissions and argued in support of the orders impugned.
Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16NEUTRAL CITATION NO. 2026:MPHC-IND:151 3 MP-821-2022
07. I have heard learned counsel for the parties at length and perused the record.
08. To disentangle the controversy involved in this case, it is apposite to deal with the provisions of MPLRC. For ready reference, Section 250 of the MPLRC is reproduced below:-
''250. Reinstatement of bhumiswami improperly dispossessed - [(1) For the purpose of this section and Section 250-A bhumiswami shall include occupancy tenant and Government lessee.] [(1-a) If a bhumiswami is dispossessed of the land otherwise than in due course of law or if any person unauthorisedly continues in possession of any land of the bhumiswami to the use of which such person has ceased to be entitled under any provision of this Code, the bhumiswami or his successor-in- interest may apply to the Tehsildar for restoration of the possession-
(a) in case of bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6) of Section 165-
(i) before the 1st July, 1978 in cases of unauthorised dispossession prior to the 1st July, 1976; and
(ii) in any other cases within five years from the date of dispossession or from the date on which the possession of such person becomes unauthorised, as the case may be;
(b) in case of a bhumiswami not covered by clause (a), within two years from the date of dispossession or from the date on which possession of such person becomes unauthorised, as the case may be.] [(1-b) The Tahsildar shall on coming to know that a bhumiswami has been dispossessed of his land otherwise than in due course of law, suo motu start proceedings under this section.] (2) The Tahsildar shall, after making an enquiry into the respective claims of the parties, decide the application and when he orders the restoration of the possession to the bhumiswami, put him in possession of the land.
[(2-a) The proceedings started under this section shall after receipt of reply from the other party, continue from day to day unless for reasons to be recorded in writing a longer adjournment is considered necessary and in that case a copy of the order sheet containing the reasons for such adjournment shall be sent to the Collector.] [(3) The Tahsildar may at any stage of the enquiry pass an interim order for handing over the possession of the land to the bhumiswami, occupancy tenant or Government lessee, as the case may be, if he finds that he was dispossessed by the opposite party within six months prior to the submission of the application or commencement of suo motu proceedings under this section. In Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16 NEUTRAL CITATION NO. 2026:MPHC-IND:151 4 MP-821-2022 such case the opposite party shall, if necessary, be ejected under orders of the Tahsildar.] (4) When an interim order has been passed under sub-section (3) the opposite party may be required by the Tahsildar to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of land until the final order is passed by the Tahsildar.
(5) If the person executing a bond is found to have entered into or taken possession of the land in contravention of the bond, the Tahsildar may forfeit the bond in whole or in part and may recover such amount as an arrear of land revenue.
[(6) If the order passed under sub-section (2) is in favour of the applicant the Tahsildar shall also award compensation to be paid to the applicant by the opposite party which shall be at the prorata rate of [two thousand] rupees [one thousand rupees] per hectare per year.] (7) The compensation awarded under this section shall be recoverable as an arrear of land revenue.
[(8) When an order has been passed under sub-section (2) for the restoration of the possession to the bhumiswami the Tahsildar may require the opposite party to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of the land in contravention of the order.] [(9) Where an order has been passed under sub-section (2) for the restoration of the possession of the bhumiswami, the opposite party shall also be liable to fine which may extend to [twenty per centum of the market value of such land [ten thousand rupees]''.
09. Section 250(1)(b) of the MPLRC, it is provided that in a case of Bhumiswami not covered by the clause (a) within two years from the date of dispossession or from the date of which possession of such person became unauthorised, as the case may be, the Tehsildar shall proceed in the matter under Section 250 of MPLRC.
10. After the amendment (No.23 of 2018) in the MPLRC, following provision has been made which is w.e.f. 25.09.2018:-
"250. Reinstatement of Bhumiswami improperly dispossessed.-(1) The Tahsildar shall,-
(a) on application of a Bhumiswami or his successor-in-inter-est who has been improperly dispossessed, issue a show cause notice to the person occupying Bhumiswami's land to explain the grounds of his possession and make such enquiry as he thinks fit; or Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16 NEUTRAL CITATION NO. 2026:MPHC-IND:151 5 MP-821-2022
(b) on coming to know that a Bhumiswami has been improperly dispossessed, on his own motion start proceedings under clause (a).
(2) If after the enquiry the Tahsildar finds that the Bhumiswami has been improperly dispossessed, he shall order the restoration of the possession to the Bhumiswami and also put him in possession of the land. (3) The Tahsildar may, at any stage of the enquiry, pass an interim order to the person occupying the land to hand-over its possession to the Bhumiswami, if he finds that the Bhumiswami was dispossessed by opposite party within six months prior to. the submission of the application or commencement of suo motu proceedings under this section.
(4) The person against whom an interim order has been passed under sub- section (3) may be required by the Tahsildar to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of land until the final order is passed by the Tahsildar and if the person executing a bond is found to have entered into or taken possession of the land contravention of the bond, the Tahsildar may forfeit the bond in whole or in part and may recover such amount as an arrear of land revenue.
(5) Where the Tahsildar orders restoration of possession of land to the Bhumiswami under sub-section (2), the Tahsildar shall also award compensation to be paid to the Bhumiswami by the opposite party for the period of his unauthorised possession and such compensation shall be calculated at the pro rata rate of ten thousand rupees per hectare per year. The compensation awarded under this section shall be recoverable as an arrear of land revenue.
(6) When an order has been passed under sub-section (2) for the restoration of possession of land to the Bhumiswami, the Tahsildar may require the opposite party to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of the land in contravention of the order. (7) Where an order has been passed under sub-section (2) for the restoration of the possession of land to the Bhumiswami, the opposite party shall also be liable to fine which may extend to fifty thousand rupees. (8) If any person continues in unauthorised occupation or possession of land for more than seven days after the date of order for restoration of possession under sub-section (2) or sub-section (3), then without prejudice to the compensation payable under sub-section (5) or the fine under sub-section (7), the Sub-Divisional Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period of fifteen days in case of first order for restoration of possession and shall cause him to be apprehended and shall send him with a warrant to be confined in such prison for a period of three months in case of second or subsequent orders for restoration of the possession to such Bhumiswami:
Provided that no action under this section shall be taken unless a notice is issued calling upon such person to appear before the Sub- Divisional Officer on a day to be specified in the notice and to show cause why he should not be Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16 NEUTRAL CITATION NO. 2026:MPHC-IND:151 6 MP-821-2022 committed to the civil prison:
Provided further that the Sub-Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the un-authorized possession has been vacated."
11. As per the earlier provision, there was a time limit for the Bhumiswami to pray for restoration of possession under Section 250 MPLRC if he had been dispossessed within two years prior to date of making application. Now after the aforesaid amendment in the MPLRC, the two-year time limit for a Bhumiswami to apply to the Tehsildar for reinstatement after dispossession under Section 250 has been removed by the Legislature, meaning thereby, such applications can now generally be filed without that specific time constraint, allowing for restoration even after longer periods. However, nowhere it is mentioned that the amendment done by the legislature in the year 2018 shall be effective retrospectively.
12. In the present case, the demarcation was done in the year 2006, the respondent approached the Tahsildar in the year 2012 (after a lapse of six years) and his application came to be rejected vide order dated 30.06.2013. Thereafter, the respondent approached the Sub Divisional Officer by way of appeal under Section 44(1) of the MPLRC which came to be allowed vide order dated 16.03.2016. Against the said order, the petitioner approached the Additional Commissioner by way of appeal under Section 44(2) of the MPLRC which came to be dismissed vide order dated 14.10.2019. When the remedies under the provisions of MPLRC were availed by the respondent / petitioner, at that relevant point of time, old provision of Section 250 was in force. Hence, this Court find force in the argument advanced by learned counsel for the petitioners that an application under Section 250 of the Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16 NEUTRAL CITATION NO. 2026:MPHC-IND:151 7 MP-821-2022 MPLRC can only be filed within two years from the date of dispossession and Revenue Authorities are not competent to entertain such application after lapse of two years from the date of completion of proceedings under Section 129 of the MPLRC. Hence, the impugned orders are liable to be interfered with.
13. In view of the above, the impugned orders dated 14.10.2019 & 16.03.2016 passed by the Additional Commissioner and Sub Divisional Officer respectively deserve to be and are accordingly set aside. However, the parties shall be at liberty to apply for the fresh demarcation.
14. With the aforesaid, Miscellaneous Petition stands allowed.
(ALOK AWASTHI) JUDGE Ravi Signature Not Verified Signed by: RAVI PRAKASH Signing time: 05-01-2026 18:14:16