HIGH COURT OF MADHYA PRADESH
P.C. Agarwal, J.
Shivnath Prasad Shrivastava
Versus
Board of Revenue of M.P., Gwalior
Writ Petition 7009 of 2000 Of
Decided On : Mar 13,2002
( 1. ) THIS is a writ petition for issue of writ of certiorari for quashing an order dated 15-3-2000 in Revision No. A-320-iii/99 (Shivnath Prasad Shrivastava and another v. State of M. P. and others) by the Board of Revenue (to be called as "board" only ).
( 2. ) FACTS necessary for decision of the petition are as follows :-
(a) Petitioners on 21-8-97 applied for correction of village map to show actual location of Khasra No. 192 area 0. 35 acre to Collector, Rewa under Sections 32 and 107 (5) of M. P. Land Revenue Code (to be called as "code" only ).
According to them they have purchased and obtained possession of land Khasra No. 163/2 from one Ran Bahadur Singh vide sale deed dated 15-5-65. They claimed that they have constructed a house thereupon with boundary wall and a gate after taking necessary sanction from the municipal corporation. They claimed that old Khasra No. 163/2 was renumbered as Khasra No. 192 and old Khasra No. 163/1 was renumbered as Khasra No. 191. They claimed that in collusion with the respondent Nos. 5 to 7 some time back which was not known to them in village map land Khasra No. 191 of respondent Nos. 5 to 7 is shown where the house of petitioners is situate and a red line has also been drawn in such map. It is claimed that on basis of such wrong entry in village map R-5 to R-7 are trying to dispossess the petitioners.
(b) On the other hand respondent Nos. 5 to 7 claimed that old number of Khasra No. 192 was not 163/2 area 0. 36 acre but it was Khasra No. 163 area 0. 60 acre. Boundaries of land shown in sale deed of the petitioners dated 15-5-65 are misdescribed. Actually petitioners are not in possession of such land described by the boundary. Khasra No. 191 area 0. 15 acre is a southern part of Khasra No. 191 with a room and land surrounded by boundary wall and with a gate belonging to these respondents is situate, such land is shown by red lines in the village map and is in possession of these respondents. There has been no amendment in village map regarding Khasra No. 192 which is shown as it was since settlement in the year 1973. It was also claimed that the petitioners had not raised any objection at the time of publication of such record of rights and that now they cannot claim correction of the village map.
(c) The Collector held that the revenue inspector had already corrected the village map as per actual possession of the parties on spot by red lines. It was also held that the revenue inspector had power to do so under the Manual for Revenue Inspectors and dismissed the application. However, no objection as to jurisdiction or competency of the Collector to decide application was raised before him. The Commissioner also upheld such order and dismissed the appeal.
(d) Before Board a new plea was raised that the application of petitioners was not competent under Section 107 (5) of the Code. Neither a village map can be prepared nor revised or corrected in respect of a particular person or particular field. Such correction could be done under Section 116 of the Code. Board upheld such objection and dismissed the revision.
( 3. ) I have heard the advocates of both the sides and have perused the record carefully.
( 4. ) PETITIONERS had applied for correction of village map under Section 32 read with Section 107 (5) of the Code. The Board has held that they could apply under Section 116 of the Code. As interpretation of these provisions is necessary to decide this petition, these sections arc reproduced below :-
"32. Inherent power of Revenue Courts.-- Nothing in this code shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court. "
"107. Field map.-- (1) There shall be prepared a map showing the boundaries of survey numbers or plot numbers and waste lands called the field map for every village except when otherwise directed by the Sate Government. ***
*** **
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.