pending before the Tahsildar, as
9
he had already submitted the Fard Batwara and Batankan.
17. Per contra, the Counsel for the State has supported ... Tahsil. He denied that when
he met with the Appellant for Fard Batwara and Map, then an amount of
Rs. 20,000 was demanded
delineation of individual ownership interest.
7. Thereafter a joint application for Fard Batwara was filed in the
year 2010, which resulted in the division ... Survey
No.3/1/1 and 3/1/2 after the Fard Batwara in 2010. By the aforesaid
ownership documents; such as modified Bhu Adhikar
2010 and the land was
partitioned in terms of Fard Batwara signed by the parties concerned.
The respondents challenged the aforesaid order dated ... opportunity of hearing to the respondents herein.
Their statements were recorded, Fard Batwara was prepared and
thereafter on the basis of signatures of the parties
Section 178 of M.P.L.R.C. for recording the Fard Batwara on
22.02.2010. The statements were recorded and thereafter the order of partition ... respondent
No.2 to 5. According to the petitioners, as per Fard Batwara their share has
been reduced from 2.959 to 2.192 hectare
allowing the objection,
Tahsildar again ordered Revenue Inspector to prepare Fard Batwara after going
on the spot along with Patwari. On that order, Revenue Inspector ... prepared a
Fard Batwara as Annexure P/4. On the basis of subsequent Fard Batwara,
Tahsildar Narwar passed an order
each. The application was registered, and the concerned Patwari
prepared a fard batwara, distributing an equal share among all the co-sharers.
The petitioners ... appellants submitted objections to said fard batwara;
thereafter, a second fard batwara report was obtained. Again, the appellants
submitted an objection on June
which he took as a
bribe for issuance of Fard Batwara to the complainant.
4] According to the case of the prosecution ... Patwari is
demanding a sum of Rs.2,000/- to issue Fard Batwara, to which, he
was asked to lodge a report in writing
hearing was granted
to the petitioners and in their absence the Fard Batwara report was
accepted, which was also prepared in absence of the petitioners ... partition proceedings as well as at the time of preparation of Fard
Batwara can be said to be bonafide. Also there is no photograph
order of Fard Batwara
and survey no.3/2 was divided into three parts ... order of Fard Batwara."
Apparent Fact
There was never any mutual family agreement and settlement
among the members of the families of Shri Vijay
order of Additional
Collector, and consequently, the order of sub-division (Fard batwara)
dated 05.09.2020, passed by the Tehsildar has also been set aside ... Caveatees/ Petitioners pursuant to the purported Fard Barwara
order dated 29.03.2010. This Fard Batwara order is pending
adjudication before the Hon'ble Supreme Court