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2014 Supreme(MP) 66

S.K.GANGELE, D.K.PALIWAL
Virendra Kumar Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
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D. K. Dixit for appellant;
Raghvendra Dixit, Government Advocate for respondents/State.

JUDGMENT

Gangele, J. 1. Appellant has filed this appeal against the order dated 3.10.2013 passed by the learned Single Judge in W.P.No.4867/2012.

2. The appellant challenged the charge sheet issued vide memo dated 29th June 2012 by Commissioner, Jabalpur Division, Jabalpur.

3. When the appellant was posted as Sub Divisional Officer, Revenue, Jabalpur, he passed an order on 3.1.2009 on the application filed by some Munnibai under section 57(2) of M.P.Land Revenue Code, 1959 (hereinafter referred to as the ‘Code’). The aforesaid application was filed by power of attorney holder Mr.Vinay Kothari on behalf of Munnibai. It was pleaded in the application that forefathers of the applicant had been granted a land area 4.34 akar situate at Mauja Kosamghat, Tahsil and District Jabalpur in lieu of their service as Kotwar. They were in possession over the said land. The aforesaid land was recorded as Mafi Khidmati in revenue record in the year 1909-10. After coming into force of the Code, the land was recorded as Seva Bhumi (service land), however, the government had no right to register the land as service land.

4. The appellant recorded a finding that at the time of malgujari system, there we






























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