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2008 Supreme(MP) 1043

¼mPp U;k;ky;½ #18; HIGH COURT
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Prakash Shrivastava, J.
vt; flag fo- e- ç- jkT; rFkk vU;
Ajay Singh v. State of M.P. and others.
fjV ;kfpdk Øa- 14954 lu~ 2005 1/4tcyiqj1/2( fu.khZr fnukad 14-10-2008@
W.P. No. 14954 of 2005 (Jabalpur); Decided on 14-10-2008.

Advocates:
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egkf/koDrk] çR;FkhZx.k dh vksj lsA

R.P. Agrawal with S.K. Tiwari for petitioner; P.N. Dubey, Dy. Advocate General for respondents.

Headnote: ¼1½ Hkw&jktLo lafgrk] 1959 ¼e-iz-½& /kkjk 50 ¼1½ & iqujh{k.k dh Loizsj.kk dh ‘kfDr;ksa dk iz;ksx ^fdlh Hkh le;* & in ^fdlh Hkh le;* ^;qfDr;qDr le; ds Hkhrj* ekuk tk,xk izLrqr ekeys esa 16 o"kZ dh dkykof/k & ;qfDr;qDr le; ugha gS & iqujh{k.k esa ikfjr vkns‘k vfHk[kafMr fd;k x;kA , vkb vkj 1969 ,l lh 1297 vuqlfjrA 1990 jk fu 77- 1996 jk fu 77- 1996 jk fu 80] 1997 jk fu 219] 1999 jk fu 82] 1994 jk fu 61] 2000 jk fu 161] 2002 ¼3½ ,e ihi ,y ts 189 rFkk 1998 ¼1½ e-iz- ohDyh uksV~l 26 voyafcrA ¼iSjk 19½

       

        ¼2½ d`f"k iz;kstu ds fy, mi;ksx dh tk jgh n[ky jfgr Hkwfe ij HkwfeLokeh vf/kdkjksa dk iznku fd;k tkuk ¼fo‘ks"k mica/k½ vf/kfu;e] 1984 ¼e-iz-½ & /kkjk 3 rFkk 4 & Hkwfe vf/kfu;e ds v/khu O;oLFkkfir & dqN Hkkx vkcafVrh }kjk fodz; fd;k x;k & O;oLFkkiu ds jn~ndj.k ds fy, dk;Zokgh i`Fkd :i ls izkjaHk dh tk ldrh gSA ¼iSjk 20½


       

        Land Revenue Code, 1959 (M.P.) -- S. 50 (1) -- exercise of suo motu powers of revision at any time, -- phrase at any time, to be understood "within reasonable time" -- period of 16 years in present case -- not a reasonable time -- order passed in revision quashed. AIR 1969 SC 1297 followed. 1990 RN 77, 1996 RN 80, 1997 RN 219, 1999 RN 82, 1994 RN 61, 2000 RN 161, 2002 (3) MPLJ 189 and 1998 (1) MPWN 26 relied on. [Para 19]

       

        (2) Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par BhumiSwami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984 (M.P.) -- Ss. 3 and 4 -- land settled under the Adhiniyam -- part sold by the allottee -- proceedings for cancellation of settlement may be initiated separately. [Para 20]

ORDER

1. This writ petition has been filed against the order dated 14.11.2005 passed by the Collector in suo motu exercise of the revisiona1 power under section 50 (1) of the M.P. Land Revenue Code, 1959.

2. The facts as narrated in the writ petition are that the land ad measuring 0.405 hectares situated at Khasra No.1 06/ka-3 was settled in the name of the respondent No.3 by order dated 7.11.1988 under the provisions of M.P. Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhumiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984 (here in after referred to as 'the Act of 1984). The petitioner by way of a registered sale deed dated 9.12.1998 purchased an area of one acre out of the aforesaid land From the respondent No.3. The petitioner started construction activity on the purchased land and he was issued show cause notice dated 9.3.2005 stating that the land has been sold to the petitioner in violation of the provision of the Act of 1984 and requiring him to appear in the proceedings taken up by the Collector.

3. The petitioner appeared before the Collector and raised preliminary objection on 17.11.2005 vide annexure P/3 as regards the maintainability of the suo motu revision proceedings taken up by the Collector under section 50 of the M.P. Land Revenue Code on the ground that such proceedings cannot be taken up after a lapse of a reasonable time.

4. The Collector by the impugned order dated 14.11.2005 rejected the petitioner's preliminary objection and passed a final order setting aside the order of settlement dated 7.11.1988 which was made in favour of respondent No.3 Dharmendra Kumar. A further direction was issued to lodge an FIR with the police against the respondent No.3 since he had fraudulently sold the land to the petitioner. Aggrieved with this order present writ petition has been filed.

5. Learned counsel appearing for the petitioner submitted that the Collector could not have exercised the suo motu revisional power against the settlement order dated 7.11.1988 after a lapse of about more than 16 years. Such a power under section 50 of the Code is required to be exercised within a reasonable time.

6. He further submitted that the petitioner had raised a preliminary objection about limitation but while deciding the preliminary objection the Collector passed the final order on the same date without giving any further opportunity to the petitioner.

7. Learned counsel appearing for the respondents submitted that the, Collector initiated the proceedings under section 50 of the Code immediately after getting the knowledge of the settlement order dated 7.11.1988, therefore, there was no delay from the date of knowledge. He further submitted that the order of the Collector is right since the initial settlement order dated 7.11.1988 in favour of the respondent No.3 Dharmendra Kumar itself was bad and also after settlement of the land the respondent No.3 in violation of sections 3 and 4 of the Act of 1984 sold the land to the petitioner. Therefore, by a composite order the revisional authority has rightly set aside the order of the settlement dated 7.11.1988.

8. I have heard learned counsel for the parties and perused the record.

9. In the present case the suo motu revisional power has been exercised by the Collector under section 50 of the Code. Under section 50 revisional power can be exercised by the Collector either on his own motion or on the application made by any party. Section 50 (1) (ii) prescribes the limitation of 60 days for ma1ring the application for revision by a party. For exercising suo motu revisional power by the Collector no limitation has been prescribed and sub-section (1) of section 50 provides that such a power can be exercised by the Collector at any time.

10. The words "at any time" occurring in sub-section (1) of section 50 would not mean the time in infinity but it has been settled that such a power of suo motu exercise of revision





































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