IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 1^st OF MAY, 2023

WRIT PETITION No. 9763 of 2023

BETWEEN:-

BHAMANIYA S/O SHRI KASIYA, AGED ABOUT 80 YEARS,

OCCUPATION:

LABOUR

R/O

VILLAGE

BANSAPUR

TEHSIL ASHOKNAGAR (MADHYA PRADESH)

.....PETITIONER

(BY SHRI S.K. SHARMA - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH THROUGH

PRINCIPAL

SECRETARY,

REVENUE

DEPARTMENT,

VALLABH

BHAWAN,

BHOPAL

(MADHYA PRADESH)

2.

THE

COLLECTOR ASHOKNAGAR

(MADHYA

PRADESH)

3.

TEHSILDAR ASHOKNAGAR (MADHYA PRADESH)

.....RESPONDENTS

(SHRI VIVEK KHEDKAR - ADDITIONAL ADVOCATE GENERAL)

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

following:

ORDER

The present petition under Article 227 of the Constitution of India has

been filed against the order dated 20.01.2023 (Annexure P/1) passed by

Additional Collector, District Ashoknagar in Case No.0030/Revision/2022-23

by which the revision filed by the petitioner against the order dated 08.07.2022

passed by the Tehsildar under Madhya Pradesh Krishi Prayojan Ke Liye Upyog

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Signed by: PAWAN KUMAR

Signing time: 03-05-2023

12:54:34 PM

Signature Not Verified

Ki Ja Rahi Dakhal Rahit Bhoomi Per Bhoomi Swami Adhikaro Ka Praday Kiya

Jana (Vishesh Upband) Adhiniyam, 1984, has been dismissed.

It has been submitted by counsel for the petitioner that the Tehsildar

without adverting to the grounds mentioned in the application vide Annexure

P/3 has passed the order dated 08.07.2022 and thereafter, the petitioner

challenged the aforesaid order before the Additional Collector by way of filing a

revision which was registered as Case No.0030/Revision/2022-23 and the

learned Additional Collector has affirmed the order passed by Tehsildar. It was

further submitted that the petitioner is landless person and is in possession of

the Government land bearing Survey Nos.340, 347, 349, 350 ad-measuring

1.473 hectares for more than 50 years. It was further submitted that as per the

provisions of M.P. Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhal Rahit

Bhumi Par Bhumi Swami Adhikaron Ka Pradan Kiya Jana Adhiniyam,

1984 (for short "the Adhiniyam,1984"), the petitioner is entitled for grant of

patta o n the Government land. As the impugned orders have been passed

without considering the provisions of Adhiniyam, 1984, therefore, the same are

per se illegal and deserve to be set aside.

Per contra, learned State Counsel appearing has opposed the prayer so

made by counsel for the petitioner and prayed for dismissal of the petition as

there is no any specific provision with regard to grant of Patta over the

Government land.

Heard counsel for the parties and perused the record.

Considering the overall facts and circumstances of the case, the

impugned orders clearly appear to be non-speaking orders, therefore, the same

are quashed. The matter is relegated back to the Tehsildar to decide the

application afresh in the light of the provisions of Section 3 of the Adhiniyam,

2

Signed by: PAWAN KUMAR

Signing time: 03-05-2023

12:54:34 PM

Signature Not Verified

(MILIND RAMESH PHADKE)

JUDGE

1984 and pass a self-contained speaking order on the application after giving

proper opportunity of hearing to the petitioner.

Let this exercise be done within a period of three months from the date

of receipt of certified copy of this order.

With the aforesaid observation, the petitions is disposed off finally.

pwn*

3

Signed by: PAWAN KUMAR

Signing time: 03-05-2023

12:54:34 PM

Signature Not Verified