Madhya Pradesh High Court
Shar Mohmmad S/O Natha (Dead) Thr. Lrs. ... vs Jakir Hussain on 22 February, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 22nd OF FEBRUARY, 2023
MISC. PETITION No. 3408 of 2021
BETWEEN:-
SHAR MOHMMAD S/O NATHA (DEAD)
1.
THROUGH LEGAL REPRESENTATIVES:
MESAR BI W/O LATE SHAR MOHAMMAD, R/O
A. GRAM KHETYAKHEDI, TEHSIL AND DISTRICT
UJJAIN (MADHYA PRADESH)
SHOHRAB S/O LATE SHER MOHAMMAD R/O
B. GRAM KHETYAKHEDI, TEHSIL AND DISTRICT
UJJAIN (MADHYA PRADESH)
PAPPU S/O LATE SHER MOHAMMAD R/O
C. GRAM KHETYAKHEDI, TEHSIL AND DISTRICT
UJJAIN (MADHYA PRADESH)
ANISHABE D/O LATE SHER MOHAMMAD W/O
MUKHTYAR, R/O GRAM CHIMLI, TEHSIL
D.
SANWER, DISTRICT INDORE (MADHYA
PRADESH)
SHAMINA D/O LATE SHER MOHAMMAD W/O
JABBAR, R/O GRAM JANDLA, TEHSIL
E.
BADNAGAR, DISTRICT UJJAIN (MADHYA
PRADESH)
YAKUB S/O NATHA, R/O GRAM
2. KHATYAKHEDI TEHSIL AND DISTRICT UJJAIN
(MADHYA PRADESH)
MUNSHI S/O NATHA R/O GRAM
3. KHATYAKHEDI TEHSIL AND DISTRICT UJJAIN
(MADHYA PRADESH)
BABU S/O NATHA R/O GRAM KHATYAKHEDI
4. TEHSIL AND DISTRICT UJJAIN (MADHYA
PRADESH)
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.....PETITIONERS
(SHRI MUKESH RAV JADHAV, LEARNED COUNSEL FOR THE
PETITIONER.)
AND
JAKIR HUSSAIN S/O ABBAS NAYTA, RO GRAM
1. KHETYAKHEDI, TEHSIL AND DISTRICT UJJAIN
(MADHYA PRADESH)
GULAM MOHAMMAD S/O ABBAS NAYTA RO
2. GRAM KHETYAKHEDI, TEHSIL AND DISTRICT
UJJAIN (MADHYA PRADESH)
AHSAN S/O ABBAS NAYTA RO GRAM
3. KHETYAKHEDI, TEHSIL AND DISTRICT UJJAIN
(MADHYA PRADESH)
NUR MOHAMMAD S/O NATHA THROUGH
4.
LEGAL REPRESENTATIVES:
KUDRAT PATEL S/O NUR MOHAMMAD, AGED
ABOUT 45 YEARS, OCCUPATION:
A AGRICULTURE, R/O GRAM KHETYAKHEDI
TEHSIL AND DISTRICT UJJAIN (MADHYA
PRADESH)
JARINA W/O YUNUS PATEL, AGED ABOUT 40
B YEARS, OCCUPATION: HOUSEWORK, R/O
SHIRPUR BAGH, INDORE (MADHYA PRADESH)
FIROZ S/O MEHBUB, AGED ABOUT 38 YEARS,
OCCUPATION: AGRICULTURE, R/O GRAM
C
PIGLESHWAR BADARKHA, TEHSIL AND
DISTRICT UJJAIN (MADHYA PRADESH)
HAMMU W/O ANSAR PATEL, AGED ABOUT 36
YEARS, OCCUPATION: AGRICULTURE, R/O
D
GRAM CHIMLI, TEHSIL SANWER, DISTRICT
INDORE (MADHYA PRADESH)
USMAN S/O NATHA, AGED ABOUT 50 YEARS,
E. R/O GRAM KHETYAKHEDI, TEHSIL AND
DISTRICT UJJAIN (MADHYA PRADESH)
STATE OF M.P., THROUGH COLLECTOR, UJJAIN
5.
(MADHYA PRADESH)
.....RESPONDENTS
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(NONE PRESENT FOR THE RESPONDENT.)
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This petition coming on for orders this day, the court passed the
following:
ORDER
Heard on I.A. No.8786/2022, which is an application for bringing legal heirs of respondent No.3 on record.
The application is filed today and is supported by an affidavit and death certificate.
The aforesaid application is allowed.
Petitioners have filed the present petition being aggrieved by an order dated 23.12.2019 passed by Additional Collector, Order dated 16.02.2021 passed by Additional Commissioner.
The facts of the case in short are as under:
[1] Petitioners/owners and respondents are members of one family and according to them the partition was to take place between them. After the settlement, the land bearing Survey No.14 became Survey No.10, 11, 14, 16 and 41 and the area 7.19 Hectare has been reduced from the old Survey No.14 and the same has been included in the land belonging to the respondents, hence they approached the Tehsildar for correction of the map. Tehsildar called the report from the R.I. and thereafter recommended for correction of the map. The petitioners appeared before the Collector and objected. Collector considered the application under provisions 107, 114 and 115 of MPLRC, 1959 and found that there was a mistake in the map prepared at the time of -4- settlement and accordingly vide order dated 23.12.2019 directed Tehsildar to correct the map.
[2] Being aggrieved by the aforesaid order these petitioners approached the Additional Commissioner, vide order dated 16.02.2021 the Additional Commissioner has dismissed the appeal and upheld the order of the Additional Collector hence, this present petition before this Court.
[3] Learned counsel for the petitioners submit that the settlement proceedings were initiated in the year 1988 and concluded in 1992, after 24 years the respondents obtained the map in the year 2013 and a copy of Khasra B-1 in 2015, they ought to have approached within the period of one year but they submitted an application in the year 2016, therefore, the application ought to have been dismissed as time-barred.
Heard the learned counsel for the petitioner. [4] So far as the merit of the case is concerned, the Additional Collector, as well as Commissioner have examined the report submitted by the R.I. to the Tehsildar and Sub-Divisional Officer with a proposed corrected map and after examining the same both the authorities have found that there was a mistake in the spot map at the time of settlement proceedings which is liable to be corrected. After giving an opportunity of hearing to the petitioners, the impugned orders have been passed hence, no case for interference is made out on merit in the concurrent findings.
[5] The issue of limitation raised by the petitioner has no substance as Section 107 of MPLRC, 1959 provided that for each village a map shall be prepared showing the boundaries of survey numbers and block -5- numbers, Section 114 of MPLRC, 1959 provides preparation of land record for each village and Section 115, MPLRC, 1959 provides correction of wrong or incorrect entries in the land record. Earlier under Sections 115 and 116 of MPLRC, 1959, the Tehsildar was competent to correct the wrong entries made by the Subordinate Officers. [6] Section 115 and 116 of MPLRC, 1959 is reproduced hereinbelow:
[115. Correction of wrong or incorrect entry in the land record.-
(1) A Sub-Divisional Officer may, on his motion or application of an aggrieved person, after making such enquiry as he deems fit, correct any wrong or incorrect entry including an unauthorised 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 before 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 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 enquiry and pass such order as he deems fit.] [116. Disputes regarding entry in khasra or in any other land records. -
(1) If any person is aggrieved by an entry made in the land records prepared under Section 114 in respect of matters other than those referred to in Section 108, he shall apply to the Tahsildar for its correction within one year of the date of such entry. (2) The Tahsildar shall, after making such enquiry as he may deem fit, pass necessary orders in the matter.] [7] The respondents approached the Tehsildar, Ujjain who registered case No.20-B/121/2018-19 and after obtaining the report from -6- the Revenue Inspector, prepared and proposed a corrected map under old unamended Sections 115 and 116 of MPLRC, 1959 there was no limitation. The said Section 115 of MPLRC, 1959 has been replaced by a new Section by way of the MPLRC Amendment Act, 2015 with effect from 25.09.2018 providing a limitation of 5 years since the respondents approached the Tehsildar prior to the amendment, therefore, the limitation will not apply hence, no case for interference is made out.
In view of the above, petition is dismissed.
(VIVEK RUSIA) JUDGE Divyansh DIVYANSH Digitally signed by DIVYANSH SHUKLA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=3380667de97d13d32c7e38c6cdf101ad505b2b9a1a80f1796 SHUKLA 78aa56e1b2c1b5c, postalCode=452001, st=Madhya Pradesh, serialNumber=538643475F0C03D17250F81A88603150703101530C8 1C7D5C31D2D096B40693F, cn=DIVYANSH SHUKLA Date: 2023.02.28 13:07:58 +05'30'