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MILIND RAMESH PHADKE
Naresh Kumar – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition, under Article 226/227 of the Constitution of India, has been filed by the petitioner being aggrieved by the order dated 21.10.2013 passed by Member, Board of Revenue, Gwalior in Revision No.2318- TWO/2012 whereby the order of Collector dated 28.6.2012 passed in suo motu revision No.09/2009-10 wherein the order of Sub-Divisional Officer, Chanderi, District Guna dated 06.03.2001 in suo motu Revision No.24v-1/2000-01 was set aside and the matter was remanded back to the Tehsildar for recording the land in dispute as a Government land in the revenue records and thereafter, correct the revenue entries in the khasra and alongwith Patwari report be forwarded to it.
2. Brief facts leading to controversry are that one application under SubSections (1) and (2) of section 57 of the Madhya Pradesh Land Revenue Code, 1959 (''the Code'') was presented before the Respondent No.4-SDO by the present petitioners contending that land bearing Survey No.5/1 Min. admeasuring 4.000 hectares, out of 21.2 hectares, situated at village Lithora is in their continuous occupation since Samvat 2037 and on the basis of adverse possession, they have acquired bhumiswami rights and as
Land transfers by government lessees require prior approval from a Revenue Officer; transactions made without such consent are invalid.
Suo motu revisional powers must be exercised within a reasonable period; delays result in the action being considered arbitrary and may infringe on established rights.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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