Madhya Pradesh High Court
Bhoop Singh Yadav vs The State Of Madhya Pradesh on 28 June, 2017
1 W.P.No.3703/2017
(Bhoop Singh Yadav Vs. State of M.P. & Anr.)
28/06/2017
Shri Devendra Sharma, learned counsel for the petitioner.
Shri C.R.Roman, learned GA for the respondents/State.
With consent, heard finally.
The present petition has not been preferred by the petitioner against any particular order but is filed seeking a direction in the nature of mandamus to the respondent-authority to consider the application/representation (Annexure P/4) preferred by the petitioner before the Collector, Bhind, in accordance with law.
Precisely stated facts of the case are that petitioner over the land in question at survey No. 1723 situate at Village Manfook Ka Pura, Bhind is in possession for some years and has cultivated the said govt. land and planted fruits bearing trees and other trees for improvement of environment. He seeks consideration of the concerned revenue authority over the land in question while taking the land on lease as per the newly amended provision of Section 162 of M.P. Land Revenue Code, 1959 (for short "MPLRC"), which recently incorporated in the MPLRC.
According to learned counsel for the petitioner, the land in question can be given by the State Government to the petitioner on lease after taking due premium from him or as per the provisions of Section 162 of the MPLRC..
Learned counsel for the State though opposed the prayer made by the petitioner in respect of land and submits that appropriate remedy would be to file a suit for declaration in respect of the land in question. However, at this stage when counsel for the petitioner seeks consideration of his application/representation only, by the revenue authority, in accordance with law, then the counsel for the State concedes to this proposition and fairly submits that if the 2 W.P.No.3703/2017 (Bhoop Singh Yadav Vs. State of M.P. & Anr.) application/representation is still pending before the revenue authority then the same shall be dealt with in spirit of Section 162 of the MPLRC and relevant circulars and guidelines including the provisions of Revenue Book Circular.
On due consideration of submissions advanced by learned counsel for the parties and looking to the fact situation of the case, I deem it appropriate to relegate the petitioner back to the appropriate revenue authority i.e. Collector, District Bhind to consider the case of the petitioner in accordance with law and relevant provisions as contained in Section 162 of the MPLRC and other relevant circulars or guidelines. If the application/representation of the petitioner is still pending consideration then the same shall be considered and decided by the Collector, District Bhind as expeditiously as possible in accordance with law, preferably within six months from the date of receipt of certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid observation, petition stands disposed of.
(Anand Pathak) Judge jps/-