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2019 Supreme(MP) 779
High Court of Madhya Pradesh
S. A. Dharmadhikari, J.
VEDVRAT SHARMA & ORS. - APPELLANTS
Versus
STATE OF M. P. & ORS. - RESPONDENTS
W. P. No. 4591 of 2017
Decided On : 24-06-2019
For Appellant : K. N. Gupta
For Respondent: Rajendra Jain
The impugned order was found to be beyond the limitation period, violated principles of natural justice, and was a colorable exercise of power. The court also emphasized that an entry in the revenue records does not confer title and that revenue authorities cannot decide a question of title.
Headnote:
Land Dispute - M.P. Land Revenue Code, 1959 - Section 115, Section 116 - The court quashed the impugned order and set aside the order passed by the Board of Revenue. Any alteration in revenue records done in pursuance of the impugned order with respect to the land of the petitioners was ordered to be recalled.
Fact of the Case:
The petitioners, as colonizers, purchased land and developed a residential colony. Subsequent purchasers also bought plots and started construction. However, an order was passed declaring the lands as Government lands based on alleged fraudulent entries in the revenue records from 70 years ago.
Finding of the Court:
The impugned order was found to be beyond the limitation period and in violation of principles of natural justice. The court also emphasized that an entry in the revenue records does not confer title and that revenue authorities cannot decide a question of title. The court also noted that the impugned order was a colorable exercise of power and wholly without jurisdiction.
Issues: The issues included the validity of the impugned order, the jurisdiction of the authorities to correct revenue entries, and the availability of alternative remedies.
Ratio Decidendi: The court held that the impugned order was beyond the limitation period, violated principles of natural justice, and was a colorable exercise of power. The court also emphasized that an entry in the revenue records does not confer title and that revenue authorities cannot decide a question of title.
Final Decision: The impugned order was quashed, and the order passed by the Board of Revenue was set aside. Any alteration in revenue records done in pursuance of the impugned order with respect to the land of the petitioners was ordered to be recalled.
ORDER : – In this petition, under Article 226 of the Constitution of India, petitioners have assailed the legality, validity and propriety of the order dated 19-1-2017 (Annexure P/2) passed by respondent No. 3-Additional Collector on a note-sheet and ratified by respondent No. 2/Collector, whereby lands belonging to the petitioners falling in Survey No. 452/1/Min-1 admeasuring 1.881 hectares (new number 452/3) and Survey No. 452/1/Min-2 admeasuring 0.805 hectare (new number 452/1) situate at Dongapur, Putlighar, Patwari Halka No. 78, Tahsil and District Gwalior have been directed to be recorded in the revenue records as Government Land. The revision preferred against the said order has also been dismissed by the Board of Revenue vide order dated 4-7-2017 (Annexure P/1) for want of jurisdiction against administrative proceedings, which is also subject matter of challenge in this petition.
2. Brief facts leading to filing of this case are that petitioner Nos. 1, 2 and 3 are partners having created a partnership firm in the name and style of M/s Indra Creators/respondent No. 4. The Firm is registered as a Colonizer under the provisions of M. P. Municipal Corporation Act, 1956 and the rules framed thereunder. The petitioners purchased land bearing Survey No. 452/1/Min-1 admeasuring 1.881 hectares situate at Dongarpur, Patwari Halka No. 78, RI Circle 5, Morar, Block Morar, Tahsil and District Gwalior vide registered sale deed dated 31-7-2012 (Annexure P/5) from one Shri Rambaran Singh Gurjar for a consideration of Rs. 1,00,00,000/- (Rupees one crore). Thereafter, they purchased another piece of land located at Survey No. 452/1/Min-2, admeasuring 0.805 hectare located at Dongarpur, Patwar Halka No. 78, Tahsil and District Gwalior vide registered sale deed dated 20-3-2013 (Annexure P/6) from one Sunil Gandhi for a consideration of Rs. 1,00,00,000/- (Rupees one crore). It is relevant to mention here that the Nazool department has issued No Objection Certificates in favour of Rambaran Singh and Sunil Gandhi, who are predecessors-in-title of the petitioners, with respect to the lands in question on 23-5-2012 (Annexure P/7) and 28-8-2010 (Annexure P/8) respectively. After purchase of the said lands, name of petitioners was recorded in the revenue records as Bhumiswami in the year 2012-2013, as is reflected in corresponding Khasra (Annexure P/9) and Bhuadhikar and Rin Pustika (Annexure P/10) was also issued in favour of the petitioners. Thereafter, demarcation of the land was done by the Revenue Department vide order dated 6-2-2013 and Survey No. 452/1/min-1 admeasuring 1.881 hectares and Survey No. 452/1/min-2 admeasuring 0.805 hectare have been renumbered as Survey Nos. 452/3 and 452/1 respectively. Then, vide order dated 14-8-2013 (Annexure P/12), permission was granted by Joint Director, Town and Country Planning, Gwalior for development of residential colony on the land in question. On 17-9-2013, diversion order (Annexure P/13) in respect of the land in question was passed in favour of the petitioner No. 4/Firm. The petitioners paid the municipal taxes on 10-12-2013 and 20-3-2015 of Rs. 2,70,918/- and Rs. 1,23,332/- respectively vide receipts (Annexure P/14). For the purpose of colonization, a part of land was mortgaged by the petitioners to the Municipal Corporation vide registered mortgaged deed dated 24-3-2014 (Annexure P/15). The layout plan of the colony was sanctioned by the Municipal Corporation and the sanction letter/certificate dated 25-3-2014 along with corresponding receipt of Municipal Corporation amounting to Rs. 34,32,260/- has been brought on record as Annexure P/16. Thereafter, the colony was developed on the land in question in the name of “Shrinkhla Enclave” and the Municipal Corporation, after finding that the development of colony was as per norms executed registered deed of redemption of mortgage (Annexure P/17) in favour of the petitioners on 9-3-2016. Petitioners further paid taxes to the Municipal Corporation
