SUJOY PAUL
Savina Park Resorts and Tours Pvt. Ltd. – Appellant
Versus
State of M. P. – Respondent
1. Brief facts necessary for adjudication of this matter are as under :-
The petitioner allegedly purchased the land situated in Survey No. 55/1/M-3 Rakba 0.470 hectare and 85/5 Rakba 0.627 hectare, from Harmukha by the alleged registered sale deeds dated 5.4.2008 and 15.1.2008. The petitioner received “Bhu Adhikar Rin Pustika” from the respondents. The petitioner’s case is that in the land records the name of Harmukha was recorded as Bhumiswami and there was no mention regarding any “patta”. The petitioner further submits that after purchase of land, petitioner filed mutation application before respondents No. 4 Tahsildar. He was informally informed that the land purchased by the petitioner may have been “patta land”. At this stage, petitioner preferred an application to Collector for ratifying the transfer and validating the transaction as per section 165 (6-b) of the Madhya Pradesh Land Revenue Code (for brevity, the ‘Code’). The petitioner submits that this application (Annexure P/7) is received in the office of Collector on 26.8.2008.
2. The petitioner at this stage filed present petition for a direction to take a decision on the application dated 3.1.2008 before Tahsildar
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