land for exercise of Nistar purposes.
10. Thus, it is clear that so far as the Nistar land is concerned ... unoccupied land and every villager has right of Nistar. Nistar land can be set
apart by the Collector only and not by anybody else. Counsel
structure already erected
by them on the land in question and return the land
back as Nistar Bhumi.
(v) This Hon'ble Court ... State shall endeavour to arrange land allotment
equivalising land allotted to the SCs/STs and the
unoccupied land shall thus be allotted to such persons
respondents for declaration and
perpetual injunction with respect of Nistar
land of the village by setting aside the
judgment and decree of the trial court ... carry out the agricultural
activities over the disputed part of Nistar land,
is sustainable under the law ?
5. Whether in the absence of any
Patta
taken undue advantage by getting the Patta in respect of Nistar land, the same should not be allowed to be sustained, and hence the order ... alleged in the notice to show cause, this was a Nistar Land, but no complaint was registered by any person within a reasonable time
aforesaid land, he
was in possession. The plaintiff had invested Rs.20,000/- to make the land
cultivable. Earlier this land was Nistar land. Plaintiff ... plaintiff was not in possession of the land. In fact the land was a Nistar land
of the villagers and was utilized by the villagers
respect of the suit land.
2. Learned counsel for the appellants/plaintiffs submits that the suit land is
Nistar land of the plaintiffs' village ... seeking declaration to the effect that the suit land is Government Nistar
land, but Courts below without taking into consideration the entire material
available
Records--Recognition as Pattadar and
settlement of assessments by Deputy Commissioner Land
Reforms-Nistar Officer correcting records and reopening
orders of the Deputy Commissioner-Jurisdiction ... Provinces Land
Revenue Act, 1917 (C. P. Act No. II of 1917), hereinafter
called the Land Revenue Act , conferred a power-on the Nistar
officer
Village Ganjan Tehsil Rampur Baghelan,
District Satna. The land in question has been recorded as the land of
pond in revenue record. Water of such ... Districts of the
State, with allegations of encroachment over the 'nistar land' /
'charnoi' / 'gocher' / 'pasture land' / land
shall endeavour to arrange land allotment equivalizing land
allotted to the S.C.s/S.T.s and the unoccupied land shall thus be allotted ... purpose;
(iii)The Charnoi land in excess of prescribed 2% and also land recorded under any other
head of Nistar Patrak may be allotted
additional reply by submitting that
the land in dispute is not NISTAR land therefore, the procedure
prescribed under the provision of section ... section 237 of the MP
Land Revenue Code, 1959 applied to NISTAR land but the land
in question was recorded as a Road where temporary