respondents have refused to accept notice, ultimately, an order under
Section 115 of MPLRC was passed by the Tahsildar on 23/10/2016 (Annexure ... Tahsildar allowed the application preferred by the respondents
under Section 115 of MPLRC and accordingly, corrected the revenue entries. It
is also contended
afforded to such party. Clause (b) of sub section 2 of Section 115 of the
MPLRC ... says that no order shall be passed under sub section (1) of
Section 115 of MPLRC, 1959 without giving an opportunity of hearing
Section 67 of
the Madhya Pradesh Land Revenue Code, 1959. The procedure as regards
correction of map is provided under Section 115 of the MPLRC ... Section
114 of MPLRC, 1959, the land records includes Village Map, Abadi Map and
Block Map as per Section 107 of MPLRC, 1959. Therefore
entries in
land records is dealt with under Section 115 of MPLRC. Section 115 is as
under:
[115. Correction of wrong or incorrect entry ... matter to the Collector. As per
Section 115(3) on receipt of a case under Section 115(2)
the Collector is required to make such
required. As per sub-section (2) of Section 115, no order shall be passed
under sub-section (1) without getting a written report from ... hearing. Sub-section (3) of Section 115 further gives an
opportunity of enquiry by the Collector. As per this sub-section, on receipt
Tehsildar, it appears that one application under Section 115 read with Section
32 of MPLRC was filed wherein, learned Tehsildar while issuing notice to other ... appears to have been passed invoking provisions
of Section 116 of MPLRC, mere mentioning `Section 115 of MPLRC' in the
application would not make
made in the record-of-
rights, but had proceeded under Section 115 of the MPLRC, which
empowers the Tahsildar to correct any wrong entry ... authority to deal with the application under Section 115
of the MPLRC. As indicated already, the case was transferred to
petitioner Vivek Tripathi
provision of Section 115 of the MPLRC passed the impugned order which
according ... this Court was perse illegal, as proviso to Sub Section 1 and
Section 115 of MPLRC lays down that sanction from the Collector is required
recorded as Aabadi Land, thus, invoking the
provisions under Section 115-116 of MPLRC, he was directed that land bearing
survey No.1862 admeasuring ... recorded as Aabadi land,
which as per provisions of Section 115-116 of MPLRC was within the domain
power of Tahsildar. Since, the revenue record
Tehsildar ought to have treated the application u/s. 115 and
116 of the MPLRC for correction/amendment in the revenue
record. Hence, the impugned ... exercised the powers
u/s. 115 and 116 of the MPLRC. U/s. 115, Tehsildar has a power
to direct for change the wrong
