IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 2^nd OF MARCH, 2023

WRIT PETITION No. 5301 of 2023

BETWEEN:-

1.

HARI @ HARIRAM KEWAT S/O SHRI AARAM

KEWAT,

AGED

55

YEARS, OCCUPATION:

AGRICULTURIST, R/O VILLAGE TIJARPUR POST

PADORA TEHSIL PICHHORE, RANNOD SHIVPURI,

DISTRICT SHIVPURI (MADHYA PRADESH)

2.

GHANSHYAM KEWAT S/O SHRI AARAM KEWAT,

AGED 73 YEARS, OCCUPATION AGRICULTURIST,

R/O VILLAGE TIJARPUR, POST PADORA, TEHSIL

PICHHORE,

RANNOD SHIVPURI,

DISTRICT

SHIVPURI (MADHYA PRADESH)

.....PETITIONERS

(BY MR. D.P. SINGH - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH THROUGH ITS

PRINCIPAL

SECRETARY

DEPARTMENT

OF

REVENUE, MANTRALAYA, VALLABH BHAWAN

BHOPAL (MADHYA PRADESH)

2.

THE COLLECTOR SHIVPURI DISTRICT SHIVPURI

(MADHYA PRADESH)

3.

THE

SUB-DIVISIONAL

OFFICER (REVENUE),

PICHHOR, DIST. SHIVPURI (MADHYA PRADESH)

4.

TEHSILDAR TEHSIL KHANIYADHANA DISTRICT

SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY MR. SUSHANT TIWARI - GOVERNMENT ADVOCATE)

This petition coming on for hearing this day, the court passed the

following:

1

Signed by: BARKHA

SHARMA

Signing time: 02-Mar-23

5:24:02 PM

Signature Not Verified

ORDER

This petition under Article 226 of the Constitution of India has been filed

seeking following reliefs :-

"(i) That, the respondent be commanded to take

cognizance over the representation filed by the

petitioner impugned Annexure P-1 with a further to

make Amal over the revenue record relates to

Survey No.525, Area 3.44 Hectare, Situated at

Village

Guraiya,

Patwari

Halka

No.01,

Khaniyadhana, District Shivpuri (M.P.).

(ii) That, the respondent be further commanded to

make proper entry in the computer record as well

as in all the revenue papers and recorded as

Bhoomi-Swami over Survey No.525, Area 3.44

Hectare.

(iii) That, any other relief which is suitable in the

facts and circumstances of the case in favour of the

petitioner including the costs throughout may be

granted."

It is submitted by learned counsel for the petitioner that the petitioner has

been granted lease by the Government but he is repeatedly requesting the

Tehsildar Khaniyadhana to mutate his name in the Revenue record but no action

has been taken.

It is fairly conceded by the counsel for the petitioner that the petitioner

has not moved any application under Sections 109, 110 or 115 of MPLRC.

When there is a specific provision under MPLRC, then making an

application on administrative side is not permissible. Accordingly, counsel for

the petitioner seeks permission of this Court to withdraw the petition with liberty

to file an application under Sections 109, 110 or 115 of MPLRC.

With aforesaid liberty, the petition is dismissed as withdrawn.

Needless to mention that by extending the aforesaid liberty, this Court

2

Signed by: BARKHA

SHARMA

Signing time: 02-Mar-23

5:24:02 PM

Signature Not Verified

G.S. AHLUWALIA)

JUDGE

has not considered the entitlement of the petitioner to get his name mutated in

the Revenue records. If such an application is filed, then it shall be considered

and decided on its own merit without getting influenced or prejudiced by this

Court.

bj/-

3

Signed by: BARKHA

SHARMA

Signing time: 02-Mar-23

5:24:02 PM

Signature Not Verified