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2013 Supreme(MP) 520
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S.K. Gangele and M.K. Mudgal, JJ.
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Mandir Shri Garud Govindji Banke, Shivpuri v. State of M.P. and others
fjV vihy Øekad 633 rFkk 634 lu~ 2006 ¼Xokfy;j½% fjV ;kfpdk Øekad 862@1999 rFkk fjV ;kfpdk Øekad 1753@2001 esa ikfjr vkns’k fnukad 11-10-2006 ds fo#)( fu.khZr fnukad 18-9-2013A
Writ Appeals No. 633 and 634 of 2006 (Gwalior): against order dated 11.10.2006 passed in W.P. No. 862/1999 and W.P. No. 1753/2001; Decided on 18.9.2013.
,p-Mh- xqIrk lfgr larks”k vxzoky nksuksa vihyksa esa vihykFkhZ dh vksj ls( foosd [ksM+dj mi egkf|oDrk nksuksa vihyksa esa jkT; dh vksj ls( ds-ch- prqosZnh lfgr Mh-Mh- caly rFkk th-ih- pkSjfl;k fjV vihy Ø- 633@06 esa izR;FkhZ Ø- 6 rFkk fjV vihy Ø- 634@06 esa izR;FkhZ Ø- 1 dh vksj lsA
H.D. Gupta with Santosh Agrawal for appellant in both appeals; Vivek Khedkar, Dy. Advocate General for State in both appeals; K.B. Chaturvedi with D.D. Bansal and G.P. Chourasiya for respondent No. 6 in writ appeal No. 633/06 and for respondent No. 1 in writ appeal No. 634/06.
Headnote:¼1½ Hkw&jktLo lafgrk] 1959 ¼e-Á-½ & /kkjk 158 ¼1½¼[k½ & e-Hkk- Hkw&vkxe rFkk —“kdkf/kdkj fo/kku] 1950 & /kkjk 54¼lkr½ & laor~ 2006 rd Hkwfe eafnj ds uke vfHkfyf[kr & laor 2007 esa & diV iwoZd iqtkjh dh iRuh ds uke ekS:lh —“kd ds :i esa izfof”V cnyh xbZ & og iDdk —“kd rFkk lafgrk ds izo`Ÿk gksus ij HkwfeLokeh gks xbZ & ,slh diViw.kZ izfof”V ls dksbZ gd~ izksn~Hkwr ugha gksrkA ¼iSjk 11 ls 15½
¼2½ Hkw&jktLo lafgrk] 1959 ¼e-Á-½ & /kkjk 115 & ifjlhek & lacr~ 2006 rd Hkwfe eafnj ds uke vfHkfyf[kr & laor~ 2007 esa & diViwoZd iqtkjh dh iRuh ds uke ekS:lh d`“kd ds :i esa izfof”V cnyh xbZ & ,slh izfof”V;ksa dks ‘kq) djus ds fy, & ifjlhek dk iz’u mRiUu ugha gksrk & fjV vihysa eatwj dh xbZaA ¼2012½ 6 ,l lh lh 430 rFkk ¼2007½ 4 ,l lh lh 221 vuqlfjrA 1992 jk fu 194 ¼mPpre U;k-½] 2011 jk fu 273 ¼mPp U;k-½ rFkk 2010 jk fu 409 ¾ 2010 ¼3½ ts ,y ts 77 ¼mPp U;k- iw.kZ U;k;ihB½ fufnZ”VA ¼iSjk 11 ls 15½
(1) Land Revenue Code, 1959 (M.P.) -- S. 158 (1) (b) -- M.B. Land Revenue and Tenancy Act, 1950 -- S. 54(vii) -- land recorded in name of temple upto Samvat 2006 -- in Samvat 2007 -- entry as maurusi tenant in name of wife of pujari changed fraudulently -- she became pakka tenant and Bhumiswami on enforcement of Code -- no title accrued on such fraudulent entry. [Paras 11 to 15
(2) Land Revenue Code, 1959 (M.P.) -- S. 115 -- limitation -- land recorded in name of temple upto Samvat 2006 -- in Samvat 2007 -- entry as maurusi tenant changed in name of wife of Pujari fraudulently -- for correction of such entries -- question of limitation does not asise -- writ appeals allowed. (2012) 6 SCC 430 and (2007) 4 SCC 221 followed. 1992 RN 194 (SC), 2011 RN 273 (HC) and 2010 RN 409 = 2010 (3) JLJ 77 (HC-FB) referred to. [Paras 11 to 15
Gangele, J.1. This judgment shall govern disposal of Writ Appeal No. 633/2006 and Writ Appeal No. 634/2006 as the facts in both these writ appeals are same.
2. Both these writ appeals have been filed against the common order dated 11.10.2006 passed by learned Single Judge of this Court in Writ Petition No. 862/1999 filed by Smt. Sharda Arora (Reported in 2007 RN 54) and in Writ Petition No.1753/2001 filed by appellants- Mandir Shri Garud Govindji Banke, Loharpur, Shivpuri.
3. There is a temple named as “Shri Garud Govindji Banke” situated at Loharpur, Shivpuri. A land area 79 bighas 5 biswas was settled as ''Qamil Sanidhi'' in the Maufi register. The entry was recorded Bandobast (settlement) in Samvat 1978-79. The entries had been continued up-to Samvat 2006. Old khasra numbers and new khasra numbers of the land were as under as mentioned by Collector, Shivpuri in his letter dated 9.3.1982 written to Sub-Divisional Officer:-
Present Survey Nos. Old Survey Nos.
320 317,318
321 319, 320, 321, 322,323, 324, 325
322 327
323 328
324 326
333 331,332
326 329
326 320
327 333
329 334
655 694
659 698
660 699/1,699/2,699/3
661 700/1,700/2
897 855,856
906 858
907 859
920 873
4. In Samvat 2007 the entry was changed and name of Smt. Sarvadi Bai, wife of Shri Kisandas Bairagi, Pujari of the temple, was recorded as ''maurusi tenant''. On the basis of the aforesaid entry, Smt.Sarvadi Bai acquired status of ''pakka tenant'' after coming into force of Madhya Bharat Land Revenue and Tenancy Act on 2.10.1951. Subsequently, after coming into force of M.P. Land Revenue Code on 2.10.1959, ''pakka tenants'' were conferred rights of Bhoomiswami. Consequently, Smt. Sarvadi Bai became Bhoomiswami of the land. She sold various parcels of the said land to various persons. Shri Jagdish Prasad Verma, an Advocate made a complaint to the Collector, mentioning the facts that Smt. Sarvadi Bai by playing fraud, got recorded her name as ''maurusi tenant'' of the land, however, the land was of a temple in the Samvat 2007. Prior to the aforesaid entry, the land was recorded in the name of the temple. Hence, the matter be enquired and appropriate action be taken in this regard. The said complaint was submitted on 30.9.1981. When no action was taken, Mr. Jagdish Prasad Verma and Shri Vallabh Das Mangal filed a writ petition before Hon'ble the Supreme Court under Article 32 of the Constitution, which was registered as Writ Petition No. 163/1986 and Hon'ble the Supreme Court disposed of writ petition vide order 3.3.1983 with an observation that the writ petition is allowed to be withdrawn since the petitioners state that they want to file a writ petition in the High Court. Thereafter, both the petitioners [Mr. Jagdish Prasad Verma and Shri Vallabh Das Mangal] filed a petition before this High Court, which was registered as Miscellaneous Petition No. 242/1987. Number of persons had been added as respondents in the petition. The Division Bench of this High Court vide order dated 17.12.1987 disposed of the aforesaid miscellaneous petition with the observation that the matter be placed before the respondent No. 3- the Collector and Registrar of M.P. Public Trusts, Shivpuri and he shall consider the same in accordance with law. After the order passed by the Division Bench of this Court, the Collector, Shvipuri considered the matter and ordered the Tahsildar to initiate proceedings under section 115 of the MP Land Revenue Code, 1959. The Tahsildar registered a Case No. 03/81-82 in regard to correction of the entries and also published Ishtehar. No person filed any objection or document before him. The Tahsildar observed that from Samvat 1979 up-to Samvat 2006, the land was recorded in the name of temple. There is no order on record on the basis of which the entry has been made in the Samvat 2007 and land has been recorded in the name of Smt. Sarvadi Bai as ''maurusi tenant''. Consequently, the Tahsildar
