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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Rusia and Amar Nath (Kesharwani), JJ.
Garvit Khandelwal v. State of M.P. & others
Writ Appeal No. 200 of 2021 (Indore); against the order dated 5.6.2020 passed in Writ Petition No. 2191/2020; Decided on 15.6.2022
¼1½ Òw&jktLo lafgrk] 1959 ¼eŒçŒ½ & èkkjk 1¼2½] 59 ,oa 59&[k & lafgrk d¢ micaèk ykxw g¨uk & Òwfe] pkgs Ñf"k Òwfe gks ;k vU; ç;¨tu¨a d¢ fy, ç;qDr gks] Òw&jktLo ds lank; d¢ vè;èkhu gS & eè; çns'k esa fLFkr leLr Jsf.k;¨a dh Òwfe d¨ lafgrk d¢ micaèk ykxw g¨rs gSaA ¼iSjk 7½
¼2½ Òw&jktLo lafgrk] 1959 ¼eŒçŒ½ & èkkjk 116 ¼vla'k¨fèkr½ & vfèkdkfjrk & 18-5-2017 d¨ rglhynkj d¢ le{k Òw&vfÒys[k rFkk Òwfe dk mi;¨x 'kq) djus d¢ fy, vkosnu fd;k x;k & Òwfe O;iofrZr g¨us d¢ vkèkkj ij og [kkfjt fd;k x;k & ml vkns'k d¢ fo#) çFke ,oa f}rh; vihy [kkfjt dh xà & fjV ;kfpdk Òh bl vkèkkj ij [kkfjt dh xà fd jktLo vfèkdkfj;¨a d¨ O;iofrZr Òwfe dh çfof"V;ka 'kq) djus dh vfèkdkfjrk ugha & [kljk ;k vU; Òw&vfÒys[k¨a dh çfof"V;¨a d¢ lacaèk esa fookn & èkkjk 116 d¢ vèkhu rglhynkj }kjk ijh{k.k ;¨X; gSa & rglhynkj jktLo vfÒys[k esa çfof"V;ka djus d¢ fy, l{ke gSA
vfÒfuèkkZfjr% çR;sd xzke d¢ fy, ,d Òw&vfÒys[k g¨xk v©j bl rF; ls fujis{k fd Òwfe dk mi;¨x Ñf"k Òwfe d¢ :i esa gS ;k Ñf"k ls fÒUu ç;¨tu¨a d¢ fy,] mlesa çfof"V djus d¢ fy, rglhynkj l{ke gSA [kljk ;k vU; fdUgha Òw&vfÒys[k¨a esa çfof"V;ksa lacaèkh fookn èkkjk 116 d¢ vèkhu rglhynkj }kjk ijh{k.k ;¨X; gSaA ¼iSjk 10½
xzkeh.k {ks= esa fLFkr Òwfe Òw&vfÒys[k ;k vfèkdkj&vfÒys[k esa vfÒfyf[kr gS] ,slh çfof"V;ka] bl rF; ls fujis{k fd og Òwfe Ñf"k Òwfe gS ;k vÑf"k Òwfe] jktLo vfèkdkfj;¨a }kjk ;FkkfLFkfr] çfo"V ;k 'kq) fd, tkus ;¨X; gSaA ¼iSjk 11½
¼3½ uxjikfydk vfèkfu;e] 1961 ¼eŒçŒ½ & èkkjk 5 rFkk 8 & eŒçŒ uxjikfyd fuxe vfèkfu;e] 1956 & èkkjk 7 rFkk 135 & eŒçŒ iapk;r ,oa xzke Lojkt vfèkfu;e] 1993 & èkkjk 2 ¼31½ rFkk 10 & eŒçŒ Òw&jktLo lafgrk] 1959 & èkkjk 59] 59&[k] 108 rFkk 116 & xzke¨a esa fLFkr Òwfe Òw&jktLo ds lank; ,oa Òw&vfÒys[k ds laèkkj.k ;¨X; gSa & xzke iapk;r d¢ xzkE; {ks= dh Òwfe & jktLo vfèkdkfj;¨a }kjk laèkkfjr Òw&vfÒys[k esa çfof"V fd, tkus ;¨X; gS & xzke dks uxjikfydk ;k uxjikfyd fuxe esa lfEefyr dj fy, tkus ij xzke dh gSfl;r lekIr gks tkrh gS & Òw&jktLo lank; djus dk d¨Ã micaèk ugha & ,sls xzke dh Òwfe laifRrdj ,oa vU; djksa d¢ lank; d¢ vè;èkhu gS & ljdkj dks ;g tkap djus dk funs'k fd leLr jktLo çkfèkdkfj;¨a }kjk mu Òwfe;¨a dk Òw&vfÒys[k D;¨a laèkkfjr fd;k tk jgk gSA ¼iSjk 12 ls 16½
¼4½ mPp U;k;ky; ¼[kaM U;k;ihB d¨ vihy½ vfèkfu;e] 2005 ¼eŒçŒ½ & èkkjk 2¼1½ & micaèk d¢ vèkhu 'kfDr dh O;kfIr & fjV ;kfpdk d¢oy bl vkèkkj ij [kkfjt dh xà fd ç'uxr Òwfe igys ls gh O;iofrZr g¨ xà gS blfy, jktLo çkfèkdkfj;¨a d¨ jktLo çfof"V;ka 'kq) djus dh vfèkdkfjrk ugha & [kljk ;k vU; fdUgha Òw&vfÒys[k dh çfof"V;ksa lacaèkh fookn & jktLo vfÒys[k esa çfof"V;ka djus d¢ fy, jktLo çkfèkdkjh vFkkZr~ rglhynkj l{ke gS & fjV ;kfpdk esa ikfjr vkns'k rFkk leLr vk{ksfir vkns'k vikLr & vihy eatwj & ;kph }kjk çLrqr vkosnu dk fofu'p; djus d¢ fy, ekeyk jktLo çkfèkdkjh d¨ çfrçsf"krA ¼iSjk 3] 10] 11] 17 rFkk 18½
(1) Land Revenue Code, 1959 (M.P.) -- Ss. 1(2), 59 and 59-B -- applicability of provisions of Code -- land, whether agricultural or used for other purposes, is subject to payment of land revenue -- provisions of Code apply to all categories of land situated in Madhya Pradesh. [Para 7]
(2) Land Revenue Code, 1959 (M.P.) -- S. 116 (un-amended) -- jurisdiction -- application for correction of land record and use of land filed before Tahsildar on 18.5.2017 -- same dismissed as land being diverted -- first and second appeal against such order dismissed -- writ petition also dismissed on ground that revenue authorities lack jurisdiction to correct entries of diverted land -- dispute regarding entries in Khasra or any other land records -- are liable to be examined under section 116 by Tahsildar -- Tahsildar is competent authority to make entries in revenue record.
Held: There shall be a land record for each village and Tehsildar is competent authority to make entries in it, irrespective to the fact that whether the land is in use as agricultural or for other than agricultural purposes. The disputes regarding entries in Khasra or any other land records are liable to be examined under section 116 by the Tahsildar. [Para 10]
The land situated in the village area recorded in the Land Records or Record of Rights, such entries are liable to be entered or corrected as the case may be by the revenue authorities, irrespective of the fact that such the land is agricultural land or non-agricultural land. [Para 11]
(3) Municipality Act, 1961 (M.P.) -- Ss. 5 and 8 -- M.P. Municipal Corporation Act, 1956 -- Ss. 7 and 135 -- M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam,1993 -- Ss. 2 (31) and 10 -- M.P. Land Revenue Code, 1959 -- Ss. 59, 59-B, 108 and 116 -- lands situated in villages are liable to payment of land revenue and maintaining of land record -- land within village area of Gram Panchayat -- liable to be entered in land record maintained by revenue authorities -- once village is included in Municipality or Municipal Corporation, status of village ceases -- there is no provision for payment of land revenue -- lands of such village are subject to payment of property tax and other taxes -- Government directed to examine why all revenue authorities are maintaining land record of those lands. [Paras 12 to 16]
(4) Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (M.P.) -- S. 2 (1) -- scope of power -- writ petition dismissed solely on ground that land in question had already been diverted therefore revenue authorities lack jurisdiction to correct revenue entries -- dispute regarding entries in Khasra or any other land records -- revenue authority, i.e. Tahsildar is competent authority to make entries -- order passed in writ petition and all impugned orders set aside -- appeal allowed -- matter remanded to revenue authority for deciding application filed by petitioner. [Paras 3, 10, 11, 17 and 18]
ORDER
Rusia, J :- The appellant has filed this Writ Appeal being aggrieved by the order dated 5.6.2020 whereby Writ Petition No.2191/2020 has been dismissed in limine by the writ Court without notice to the respondents.
The facts of the case in short are as under:
1. The appellant submitted an application before the Tehsildar on 18.5.2017 seeking correction of the land record that land use of the remaining land area of 0.134 hectares of survey No.219/2 be recorded for residential purposes. According to the appellant her grandmother Smt. Kalawati Devi had sold her agricultural land (total area of 0.125 hectares) to eight persons thereafter she had also sold part of the land for other than agriculture purposes to five persons (a total area of 0.0454 hectares). Although along with the aforesaid application, no sale deeds were annexed, and no other details were disclosed in it. The aforesaid application has been filed by the appellant through his power of attorney holder, the contents of the application are very vague in nature, even then the Tehsildar has entertained the application and obtained a report from Patwari but dismissed the application that the land being a diverted land to other than agriculture purpose, revenue authority under M.P. Land Revenue Code, 1959 is Tehsildar does not have jurisdiction to grant any relief.
2. Being aggrieved by the aforesaid order, the petitioner preferred an appeal before the Sub Divisional Officer Susner-Nalkheda, Agar Malwa, which has also been dismissed vide order dated 30.5.2018. Thereafter, he approached the Court of Additional Commissioner by way of an application under section 44(2) of M.P. Land Revenue Code, 1959 that too has been dismissed vide order dated 14.11.2018. Being aggrieved by the order of the Additional Commissioner, a review petition was filed that has been dismissed vide order dated 8.1.2019 and thereafter, a writ petition has been filed.
3. Vide order dated 5.6.2020, the Writ Court has dismissed the Writ Petition solely on the ground that the land in question had already been diverted, therefore revenue authorities lack jurisdiction to correct the revenue entries in respect of diverted land, hence, this writ appeal before this Court.
4. The respondents were called upon to file a reply to clarify the legal position in this matter. The respondents have filed a brief reply by submitting that the appellant filed the application before the Tehsildar without the necessary documents. It is further submitted that the actual owner of the land Kalawati Devi, never applied for correction of record after selling the agricultural land to 13 different people. Jurisdiction is vested with Sub Divisional Officer for correction of land records before whom no application has been filed, hence no interference id call for writ appeal is liable to be dismissed.
We have heard learned counsel for the parties.
5. All the Revenue Authorities have dismissed the application inter -alia on the ground that the land in question is a diverted land and no correction can be made in the revenue records by them under the provisions of M.P. Land Revenue Code, 1959 hence, the issue which requires our consideration is whether the provisions of M.P. Land Revenue Code, 1959 apply to those lands which are being used for other than agricultural purposes or diverted land?
6. The M.P. Land Revenue Code, 1959 consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights and liabilities of holders of land from the State Government, agricultural tenures and other matters relating to land and the liabilities incidental thereto in Madhya Pradesh. Section 2 (k) defines "land" means a portion of the earth's surface whether or not underwater, it shall be deemed to include all things attached to or permanently fastened to anything attached to such land. The buildings standing on the land are fictionally made to mean land by this clause. The ''landless person'' defines under 2(l) and according to w
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