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2012 Supreme(MP) 197

BRIJ KISHORE DUBE, S.K.GANGELE
Maa Kaila Devi Enterprises through its Partners – Appellant
Versus
State of M. P. – Respondent


Advocates:
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Brian Da Silva and V.K. Bhardwaj with Pankaj Dubey, Vrushal Bhide and Anand V. Bhardwaj for petitioners as; Vivek Khedkar, Dy. Advocate General for respondents No. 1,3 and 5/State, M.P.S. Raghuvanshi for respondent No.4/Municipal Corporation.

Judgement Key Points

Key Points: - The court held that entries in revenue records are not conclusive proof of title and may be rebutted by other factors, citing Supreme Court decisions on the non-conclusive nature of revenue entries (!) (!) (!) (!) (!) . - It found that notices under section 248 and due procedural requirements (S.248, Rules 4-9, Sch. I) were not properly followed, and the Tahsildar lacked authority in certain pre-1950 encroachment contexts, thus the encroachment removal actions were arbitrary and without power (!) (!) (!) (!) (!) (!) [27000229850025]. - The judgment emphasizes that the government cannot dispossess or resume possession outside lawful, recognized procedures and that mutation or revenue entries cannot automatically confer title; the petitioners’ possession and ownership rights as a firm were recognized, with the firm treated as owner for purposes of 248 actions under the MP Code, and the matter remitted to proper legal processes (suits for declaration/possession) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) [27000229850028][27000229850031].

What is the legal position on whether revenue entries constitute conclusive proof of title or merely prima facie evidence?

What is the permissible scope of removal of encroachment under Madhya Pradesh Land Revenue Code, 1959 when notices and due process were not properly followed?

What are the rights and remedies of a partnership firm owner vis-à-vis encroachment and section 248 proceedings, including when title vests in the firm and individual partners are not separately liable?


ORDER

S.K. Gangele, J. - 1. The petitioners have filed this petition against the demolition of their property. The petitioners further prayed for delivery of possession of the property, which has illegally been demolished and also compensation on account of illegal demolition of their property.

2. The petitioner is a partnership firm registered under the provisions of Indian Partnership Act, 1932. It purchased the property vide five sale-deeds, copies of the same have been filed along with the petition as Annexure P/6 collectively from Ashok Dattarey Joshi, Smt. Anuradha, Dusyant, Devyani Joshi, Avinas Dattarey Joshi, Smt. Smita Avinas Joshi, Ravi Avinas Joshi, Shrikant Avinas Joshi. All the sale-deeds were executed by the aforesaid persons in favour of the petitioner partnership firm on 31/3/2006 in regard to different area and different consideration. In the first sale the consideration is of Rs. 53.00 lac and the area is 75’9'’x 61’2'’=4632 square feet, in the Second sale-deed the consideration is of Rs.35.00 lacs and the area is 75’9'’x 76’11'’ and 21’x 6’10'’=3057 square feet, in the third sale deed the consideration is of Rs.53.00 lacs and the area is

33’2'’x 129' and 12’9'’x 2




















































































































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