Madhya Pradesh High Court
Daulat Kori vs The State Of Madhya Pradesh on 15 March, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 15th OF MARCH 2022
W.P NO.1158/2018
JAGANNATH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.22944/2017
NATTHU MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.22955/2017
SUBHASH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.22956/2017
SUKHDEO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.22958/2017
PUNJABRAO KAMDE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.22959/2017
KESHAVRAO GAIKAWAD (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.22960/2017
MUKUL DANDGE (MEHRA)
VS.
STATE OF M.P AND OTHERS
2
W.P NO.22962/2017
DEVRAO PAWAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.22964/2017
SMT. SHAKUN BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.23180/2017
SMT. SHIVRATI LOKHANDE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23182/2017
MOOLCHAND GUJRE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23191/2017
CHHEDILAL DANDARE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23192/2017
RAVILAL BELE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23194/2017
ANANDRAO KOTWAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23196/2017
SHIVRATAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.23251/2017
MAHENDRA KHADE (MEHRA)
VS.
STATE OF M.P AND OTHERS
3
W.P NO.23253/2017
ANIL SAMEKAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23254/2017
BHEEMRAO HARSULE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23255/2017
GANESH WAGHMARE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23257/2017
HEERALAL GUHE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23368/2017
KAILASH PATIL (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23375/2017
SMT. DEOKI BAI
VS.
STATE OF M.P AND OTHERS
W.P NO.23379/2017
SHAHDEO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.23387/2017
HARDIK RAM SONARE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.23390/2017
MANIKRAO WAMANKAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
4
W.P NO.23501/2017
MEHGILAL GUJRE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.813/2018
SMT. BAINA BAI
VS.
STATE OF M.P AND OTHERS
W.P NO.978/2018
RAJESH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1069/2018
KUSNA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1101/2018
MUNIRAJ MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1105/2018
SURAJMAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1108/2018
MAHADEO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1155/2018
SMT. PUSHPA @ GYARSI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1157/2018
NANDKISHOR MEHRA
VS.
STATE OF M.P AND OTHERS
5
W.P NO.1162/2018
RAVI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1501/2018
ROOPLAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1513/2018
OMPRAKASH MASODKAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.1515/2018
SHIVCHARAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1561/2018
NARAYAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1571/2018
SHESHRAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1579/2018
KHUSHYAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1859/2018
KHEMRAJ MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1860/2018
BHOJRAO MEHRA
VS.
STATE OF M.P AND OTHERS
6
W.P NO.1864/2018
KADMA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1870/2018
KRISHNA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1873/2018
SMT. KAUSHALYA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1874/2018
SMT. BANU @ SHAKUNTALA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2075/2018
BHEEVA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2077/2018
RAMDAS MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2081/2018
SHYAMRAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2085/2018
SAMPAT MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2086/2018
SUNIL KUMAR BAMANE (MEHRA)
VS.
STATE OF M.P AND OTHERS
7
W.P NO.2089/2018
BHAIYALAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2090/2018
GONDU MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2091/2018
SMT. GUNTA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2096/2018
DHARMARAJ BHATKARE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.3150/2018
GOKUL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.3151/2018
SMT. SARASWATI BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.3867/2018
SMT. PHOOLWANTI
VS.
STATE OF M.P AND OTHERS
W.P NO.3922/2018
BALDHARI KATIYA (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.3924/2018
BALLU MEHRA
VS.
STATE OF M.P AND OTHERS
8
W.P NO.3927/2018
FAKIR KATIYA
VS.
STATE OF M.P AND OTHERS
W.P NO.3929/2018
SHIVCHARAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.5265/2018
POORAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.5267/2018
OMKAR MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.5270/2018
ARJUN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.5294/2018
KRISHNA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.5295/2018
PREMVATI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.5296/2018
GULAB MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.6320/2018
CHANDANLAL KOTWAR
VS.
STATE OF M.P AND OTHERS
9
W.P NO.6324/2018
MAYA BAI BAIKAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.6326/2018
GULAB MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.6327/2018
GOVIND RAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.6328/2018
SMT. DURGA BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.7944/2018
SMT. GENDA BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.8488/2018
GHANSHYAM MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.10688/2018
DHAN SINGH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.13199/2018
GANESH BELE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.14078/2018
GANESH KAJODE (MEHRA)
VS.
STATE OF M.P AND OTHERS
10
W.P NO.14081/2018
ANAND PRASAD (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.14128/2018
JAGANNATH OGAHE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.18481/2018
SMT. BINIYA BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.20802/2018
POORANLAL MAHOBIA
VS.
STATE OF M.P AND OTHERS
W.P NO.24108/2018
INDRADEO PANDOLE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.27052/2018
SMT. DEEPA BAI DAHIYA
VS.
STATE OF M.P AND OTHERS
W.P NO.27152/2018
KHEMCHAND MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27209/2018
GULAB MEHRA
VS.
STATE OF M.P AND OTHERS
11
W.P NO.27212/2018
MAROTI RAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27271/2018
SHYAMBHAJAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27286/2018
KALURAM MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27296/2018
DHARAMRAJ MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27301/2018
SHAILENDRA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27304/2018
RAMESH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27305/2018
MAROTI RAO
VS.
STATE OF M.P AND OTHERS
W.P NO.27423/2018
SMT. GANGA BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27427/2018
RAMNATH MEHRA
VS.
STATE OF M.P AND OTHERS
12
W.P NO.27496/2018
SMT. VIMLA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.27498/2018
SMT. SHANTA BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.28762/2018
SHYAMRAO KOSHE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.28768/2018
UMRAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.28771/2018
BHIMRAO NAGDE (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.28773/2018
NAMDEO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.28971/2018
BALIRAM MEHAR
VS.
STATE OF M.P AND OTHERS
W.P NO.29281/2018
KUNWARLAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.29282/2018
SMT. PUSHPA MEHRA
VS.
STATE OF M.P AND OTHERS
13
W.P NO.29287/2018
NARAYAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.29391/2018
VITTHAL RAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.29392/2018
SMT. ANUSUIYA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.616/2019
SAHEBRAO AMBULKAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.1154/2019
NILESH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1158/2019
DHANRAJ MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1164/2019
TARNATH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1264/2019
DEVIDAS MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1270/2019
MOTIRAM MEHRA
VS.
STATE OF M.P AND OTHERS
14
W.P NO.1338/2019
SURYABHAN MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1369/2019
DASHRATH SHESHKAR MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1370/2019
NANDKISHOR MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1372/2019
KHUSHYAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1869/2019
NITIN KUMAR MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.1875/2019
PUNIYA BAI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2343/2019
DEORAO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2344/2019
GANESH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2346/2019
DHANNU MEHRA
VS.
STATE OF M.P AND OTHERS
15
W.P NO.2364/2019
ASHISH MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2366/2019
NAMDEO MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2528/2019
BALAJI MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2532/2019
YUVRAJ MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.2537/2019
HEMRAJ MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.3670/2019
SOHANLAL MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.3671/2019
KACHRYA MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.3829/2019
LATA PANDAGARE
VS.
STATE OF M.P AND OTHERS
W.P NO.3835/2019
SMT. SUKWANTI MEHRA
VS.
STATE OF M.P AND OTHERS
16
W.P NO.6259/2019
RAMNARESH DAHIYA
VS.
STATE OF M.P AND OTHERS
W.P NO.6263/2019
MADHU MEHRA
VS.
STATE OF M.P AND OTHERS
W.P NO.6269/2019
RAMNARESH DAHIYA
VS.
STATE OF M.P AND OTHERS
W.P NO.9740/2019
SMT. JAIVANTI BAI NAGLEY (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.10328/2019
SMT. GEETA CHANDELKAR (MEHRA)
VS.
STATE OF M.P AND OTHERS
W.P NO.10902/2019
RAM SURESH DEHARIYA
VS.
STATE OF M.P AND OTHERS
W.P NO.14878/2019
RAMKISHAN CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.14879/2019
NANDKISHOR KOSHTI
VS.
STATE OF M.P AND OTHERS
17
W.P NO.27396/2019
HEERALAL AND OTHERS
VS.
STATE OF M.P AND OTHERS
W.P NO.9122/2020
RAMESH PASI
VS.
STATE OF M.P AND OTHERS
W.P NO.15964/2020
LAKHAN LAL CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.15965/2020
BHAGONI CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.15967/2020
BALRAM CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.17709/2020
DALCHAND BASOR
VS.
STATE OF M.P AND OTHERS
W.P NO.19779/2020
MOHAN CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.1714/2021
RAMKISHAN
VS.
STATE OF M.P AND OTHERS
W.P NO.2029/2021
BHUPAT CHADAR
VS.
STATE OF M.P AND OTHERS
18
W.P NO.2030/2021
RAMNARAYAN CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.2039/2021
SUNDAR LAL CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.15236/2021
SMT. BEENA DEHARIYA
VS.
STATE OF M.P AND OTHERS
W.P NO.22837/2021
BAHADUR CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.22859/2021
BALKISAN KHANGAR CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.22865/2021
RAMESH CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23270/2021
NARHARI CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23271/2021
KAMLESH CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23272/2021
MUNNA LAL RAI (KHANGAR)
VS.
STATE OF M.P AND OTHERS
19
W.P NO.23278/2021
MUNNA LAL CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23279/2021
RAMLAL CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23330/2021
HARISINGH CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23342/2021
VISHAMBHAR CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.23344/2021
MANOJ CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.24360/2021
LEELADHAR CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.24363/2021
AALAM CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.24372/2021
PURUSHOTTAM CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.24590/2021
KASHIRAM CHADAR
VS.
STATE OF M.P AND OTHERS
20
W.P NO.24591/2021
BIHARI CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.24593/2021
GANESH CHADAR
VS.
STATE OF M.P AND OTHERS
W.P NO.24594/2021
JAGDISH DHANAK (BASOR)
VS.
STATE OF M.P AND OTHERS
W.P NO.24598/2021
DAULAT KORI
VS.
STATE OF M.P AND OTHERS
Present:-
Shri Mohanlal Sharma, Shri Subodh Kathar, Shri Lalji
Kushwaha and Shri Bhupendra Kumar Mishra, learned
counsel for petitioners.
Shri Vivek Sharma, learned Dy. Advocate General for
respondent no.1.
Shri Rajesh Maindiretta, learned counsel for respondent
no.3.
Shri V. S. Choudhary, learned Panel Lawyer for
respondent/State.
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(i) Petitioners have filed this Bunch of writ petitions
before this Court under Article 226 of the Constitution of
India praying that they are Kotwars in village and they
were occupancy tenant's and, therefore, they may be
declared Bhoomi Swami and to quash circulars and orders
issued by the State Government.
21
(ii) Writ petitions filed by petitioners is categorized into
three types of cases so that identical writ petitions can be
adjudicated enblock together by same order.
(iii) First category of writ petitions are those cases in
which challenge is made to circular of State Government
dated 28.2.2017 and letters written to Revenue Officers
pursuant to aforesaid circular for collecting data and
sending information regarding service land of Kotwar
which are to be entered as lands of State Government in
revenue records.
(iv) In Second category of cases, order passed by
Collector determining the rights of petitioners as Bhoomi
Swami is under challenge. Petitioners had not preferred
First or Second Appeal against the orders of Collector and
had directly approached this Court by filing writ petitions,
and;
(v) In third category of cases, petitioners have exhausted
all the remedies available to them and they are before
this Court for declaring them Bhoomi Swami as they are
occupancy tenants when M.P. Land Revenue Code, 1959
was brought into force.
(vi) On basis of said categorization, in all identical and
similar cases, common order is being passed in f irst
category of cases where challenge is made to circular of
State Government dated 28.2.2017 and letters issued to
Revenue Officer pursuant to aforesaid circular, following
order is passed:-
O R D E R
Principal Secretary, Govt. of M.P, Revenue Department has issued a circular to all collectors of State of M.P. on 22 28.2.2017 wherein direction was given to take action under relevant provisions of M.P. Land Revenue Code, 1959 in respect of service land which has been included in Municipal Corporation, Nagar Panchayat and Nagar Pallika area, if other Government land is available for Kotwars then such land be declared as Naz ul land and revenue entries be altered in records as land belonging to State Government. Pursuant to circular dated 28.2.2017, Revenue Officers had written a letter to Subordinates to give details of service land as mentioned in circular for further action.
2. Petitioner's had challenged aforesaid circular and letter on grounds that same are illegal, arbitrary and contrary to law. It is submitted that said circular and letter is contrary to circular dated 3.3.2010 and 14.10.2014. By said circular directions were issued pursuant to declaration of Chief Minister that Kotwars will be given Bhoomi Swami Rights over land which was given to them by Malgujars for rendering service. In said circular, reference has been given to letter no.9-19/90/7 Bhopal dated 4.2.1999 and letter dated 2-6/07/7-1 dated 23.2.2008 wherein directions were given that lands given to Kotwars by Malgujars for personal service shall be examined and Collector has to determine whether any land was given to Kotwars by Malgujars for doing personal service.
3.Facts from W.P No.1158/2019 are taken up to decide identical issue between the parties.
4. Petitioner is Gram Kotwar of Village Aathner, District Betul and he was occupancy tenant over Khasra No.187 Area 2.3310 Hectare. Since petitioner and his forefathers 23 were Kotwars were given service land and they are occupancy tenant (Marushi Krishak) since 1917-18, therefore, they have acquired Bhoomi Swami rights over land . Reliance was also placed on orders passed by this Court in Shankarlal and others vs. Collector, District Narsinghpur and others ( W.P No.939/2009, Tulsiram Chadar vs. State of M.P. and others, (W.A No.682/20185) and Teekaram and others vs. State of M.P. and others, (W.P No.2064/2000) dated 3.5.2001. Relying on said judgments, it was submitted that circular of State Government dated 28.2.2017 and letter of S.D.O dated 13.11.2017 be quashed.
5. Respondents had filed their reply and they adopted the return filed in W.P No.19433/2017 ( Tulsiram Chadar vs. State of M.P. and others) in all Writ Petitions. It was submitted that as per Madhya Pradesh Swamitwa Adhikaro (Malikana Hak) (Ilako, Mohalla, Dumala Bhumi) Ka Aant Karne Ka Adhiniyam, 1950, Gram Kotwar is holding two types of land, one is for village service and second for personal service of the Malgujars. If land was given to Kotwar by Malgujars for personal service then said Kotwar will be occupancy tenant in view of Section 45(3) of the Adhiniyam of 1950 and land which was given to Kotwars for village service, then he is holding it from the State as service land and this will be governed by Central Province Tenancy Act, 1920. In case of service land given to Kotwar for village service, he will not acquire the status of occupancy tenant and he does not acquire any right over such land and said land is attached to post of Kotwar. Petitioners are holding land's for village service on behalf of Malgujars/Jamindars and after abolition of said system, all lands belonged to State, 24 therefore, petitioners are not occupancy tenant and Bhoomi Swami rights are not conferred on them, therefore, Writ Petitions be dismissed.
6. Heard learned counsel for the parties.
7. Petitioners have challenged circular dated 28.2.2017 which was passed by Principal Secretary, Govt. of M.P., Revenue Department. In said circular, direction was given to Collector to make entries in revenue record of service land situated in Nazul Area in name of State of M.P. Said action has to be taken in accordance with provisions of M.P. Land Revenue Code, 1959. While taking such action it has to be considered that other Government land is available for Kotwar or not.
8. If service land is included by notification in Nagar Panchayat, Nagar Palika and Municipal Corporation areas and if other Government land is available to Kotwar then such land is to be declared as Nazul land and entries in name of State in Revenue record as per Section 183(6) of the Land Revenue Code, 1959, is to be made.
9. Section 183(6) of M.P. Land Revenue Code, 1959 is quoted below:-
"183(6) (6) The service lands situated --
(a) in an urban area;
(b) in such area for which development plan has been approved; or
(c) in such area beyond the outer limit of urban area, as notified by the State Government, shall cease to be service land from the date as notified by State Government and the Tahsildar shall cause necessary changes in the land records.] "25
10. In view of provisions of Section 183(6) of the Code, Tehsildar has jurisdiction and power to make necessary changes in revenue record if service land situated in urban area or in such area where development plan has been approved or in such area beyond outer limit of urban area as notified by State Government. Circular dated 28.2.2017 which has been issued to all Collectors by Principal Secretary, Govt. of M.P. Revenue Department, is in consonance with Section 183(6) of the Code, and direction were only issued in accordance with the Code. Circular nowhere states that land of Malgujars in which Kotwar had acquired Bhoomi Swami rights be entered in revenue record as land belonging to State Government. Letter dated 13.11.2017 has been issued by S.D.O to Tehsildar pursuant to circular dated 28.2.2017, therefore, no illegality is found in said circular. If petitioners have acquired Bhoomi Swami rights then they are at liberty to establish said rights before Collector. Petitioners had challenged the circular of State Government and letters and no illegality or arbitrariness is found in order circular and letters. Collector has not examined rights of Kotwar and conferral of Bhoomi Swami rights on them by virtue of being occupancy tenant.
11. Petitioners in first category of cases are free to establish before Collector that they are occupancy tenant and Bhoomi Swami rights have accrued to them on coming into force M.P. Land Revenue Code.
12. In view of same, circular dated 28.2.2017 and letter dated 13.11.2017 are upheld. Said circular and letter is not contrary to circular issued by State Government dated 3.3.2010 and 14.10.2014.
2613. Resultantly, writ petitions filed by petitioners are dismissed with liberty to petitioners to establish their rights before Collector.
14. If petitioners file an application regarding declaration of Bhoomi Swami rights on them, then Collector shall examine it in accordance with circular of State Government and M.P. Land Revenue Code, 1959 and pass appropriate orders.
15. With the aforesaid liberty, these writ petitions are dismissed.
(VISHAL DHAGAT) JUDGE mms Digitally signed by MONSI M SIMON Date: 2022.03.24 12:22:34 +05'30'