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2026 Supreme(MP) 361
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Milind Ramesh Phadke, J.
Madhavdas Mahavidhyalaya Krishi Samiti Maryadit Challapura Datia Thr. Secretary Mahendra Baudh – Petitioner
Versus
The State Of Madhya Pradesh And Others – Respondents
Writ Petition No. 7530 of 2022
Decided On : 16-06-2026
Important Points
Subject
Constitutional Law - Right to Property
Act Referred
MADHYA PRADESH LAND REVENUE CODE : S.113, S.115, S.116, S.248, S.57, S.57(2)
EVIDENCE ACT : S.90
FOREST ACT : S.4
Headnote
(B) Madhya Pradesh Land Revenue Code - Section 57 - Section 113 - Section 115 - Section 116 - Section 248 - Jurisdiction of Tehsildar - Tehsildar lacks the authority to adjudicate title disputes; such matters fall outside the scope of summary revenue proceedings under the Code. Orders passed without recording evidence, without independent inquiry, and without cross-examination are legally unsustainable. (Paras 8, 12, 13 and 17)
Facts of the case:
The petitioner Society, registered for promoting education, was allotted land in 1976 and recorded as owner. Years later, revenue authorities initiated eviction proceedings alleging the land was 'Forest' or 'Jungle' and the historical records were missing, leading to the imposition of a penalty and eviction order by the Tehsildar despite previous High Court remands for proper inquiry.
Findings of Court:
The Court held that the Tehsildar exceeded his jurisdiction, operated on assumptions, and failed to conduct a fair inquiry. The lack of adherence to natural justice and the absence of cogent evidence against the petitioner’s long-standing title rendered the proceedings void.
Issues: Whether the revenue authorities justified the eviction and imposed penalties lawfully, and whether the Tehsildar possessed the jurisdiction to determine ownership of the disputed land.
Ratio Decidendi: Revenue authorities cannot assume jurisdiction to adjudicate upon title disputes, nor can they arbitrarily extinguish established property rights through summary proceedings without conducting a factually grounded, transparent inquiry compliant with the principles of natural justice.
Result: Writ petition allowed.
For the Petitioner:Shri N.K.Gupta, Senior Advocate with Shri Yashasvi Pratap Singh Rathore, Advocate
For the Respondent:Shri Ravindra Dixit, Govt. Advocate
ORDER :
Milind Ramesh Phadke, J.
1.This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:-
"(1) That, the impugned order dated 16.11.2021 (Annexure P-1), order dated 14.09.2018 (Annexure P-2) and order dated 15.01.2018 (Annexure P-3) may kindly be set aside.
(2) Any other suitable further orders may kindly be passed in the interest of justice. Cost may also kindly be awarded."
2. In brief, the facts of the case are that the petitioner Society is a duly registered society under the Society Registrikaran Adhiniyam bearing Registration No. 2257. Presently, Shri Mahendra Baudh is serving as the Secretary of the Society and is duly authorized and competent to institute and prosecute the present petition on behalf of the Society pursuant to a valid resolution authorizing him to do so. The principal object of the petitioner Society is to promote and impart education among students belonging to the Scheduled Castes and Scheduled Tribes. In furtherance of its objectives, the Society submitted representations to the State Government seeking allotment of land for the establishment of educational institutions, including a school, college, and hostel, in terms of Chapter IV, Serial No. 3, Part-II of the Revenue Book Circular. Considering the noble objectives of the petitioner Society, the State Government was pleased to approve the proposal for allotment of land. Consequently, the competent authority, by order dated 17.08.1976 passed in Case No. 22/1975-76/X-B-121, allotted to the petitioner Society land bearing Survey No. 257/1/2 admeasuring 5 hectares and Survey No. 257/9/2 admeasuring 5 hectares situated at Village Datia Gird, Tehsil and District Datia, Madhya Pradesh. Although the petitioner Society made sincere efforts to obtain a copy of the original patta/lease order, its application was returned with an endorsement that the concerned record was not available. Pursuant to the aforesaid allotment order, the name of the petitioner Society was duly recorded in the revenue records by order dated 17.12.1976 passed by the Collector, Datia. Since then, the petitioner Society has continuously remained recorded in the revenue records as owner in possession of the land in question. After a lapse of several decades, the Patwari of Mauja Datia Gird submitted a report before the Tehsildar, Datia, regarding Survey No. 257 situated at Village Datia Gird. In the said report, it was stated that during a mutation campaign it came to notice that Survey No. 257 admeasuring 57.514 hectares was recorded as “Jungle” in the Kishtbandi Khatauni of the year 1943-44, whereas in the present revenue records the said survey number had been subdivided into various survey numbers standing in the names of different private persons. The Patwari opined that such entries had no legal basis and recommended that the land be restored as Government land and its nature be recorded as “Jungle”. Acting upon the said report and concurring with the findings recorded therein, the Tehsildar, Datia, by order dated 23.12.2016 initiated proceedings and referred the matter to the Sub-Divisional Officer, Datia, purportedly under Section 113 of the Madhya Pradesh Land Revenue Code for correction of alleged clerical errors in the record of rights. After conducting proceedings, the Sub- Divisional Officer submitted a report to the Collector, Datia, who in turn forwarded the matter to the State Government for appropriate orders. The State Government, by order dated 25.04.2017, categorically held that the matter did not fall within the ambit of Section 57(2) of the Madhya Pradesh Land Revenue Code and directed the Collector to proceed in accordance with law. Thereafter, acting on the directions of the Collector, the Tehsildar, Datia, without affording any opportunity of hearing to the petitioner Society, passed an order dated 08.05.2017 under Section 248 of the Madhya Pradesh Land Revenue Code directing eviction of the petitione
