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G. S. AHLUWALIA
Girdhari Pawar – Appellant
Versus
Savitri Bai Barkade – Respondent
ORDER
1. This petition under Article 226 of Constitution of India has been filed seeking following reliefs :-
(A). To quash the impugned orders :-
(i) Order dated 31.8.2018 passed in Ek./Rev./ Chhindwara / Bhu.Raa./2018/230 by the Board of Revenue, Gwalior. (Annexure-P/1).
(ii) Order dated 1.1.2018 passed in Rev. Case No.427/Appeal/2016-17 by the Collector, Chhindwara. (Annexure-P/2) and
(iii) Order dated 18.7.2017 passed in Rev. Case No./02/A-23/2015-16, by the SDO, Chhindwara. (Annexure-P/3) Whereby the sale deed of the petitioner has been declared as null and void in arbitrary and in illegal manner.
(B). Any other relief, order or direction as this Hon’ble Court deems proper in the present facts and circumstances of the case may also be granted along with cost of the petition.
2. It is submitted by counsel for petitioner that by registered sale deed dated 13.1.1975 petitioner purchased land bearing Khasra Nos. 296/1, 296/2 and 427 from Pandri. Thereafter, respondents No. 1 and 2 filed an application under section 170 (B) read with section 165 (6) and 7(B) of MPLR Code. The said application was allowed by SDO (Revenue) Chhindwara by order dated 18.7.2017 passed in Revenue
The court affirmed that the provisions of Section 170-B of the MPLR Code protect the land rights of aboriginal tribes, and Civil Courts lack jurisdiction over matters exclusively under the MPLR Code.
The principle of res judicata bars claims on matters that have been previously adjudicated in a competent court, ensuring finality in litigation and preventing abuse of judicial resources.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
Civil suits can challenge revenue authority orders if they violate principles of natural justice. Failure to notify affected parties renders such orders void.
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