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2024 Supreme(Online)(MP) 36971
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE GAJENDRA SINGH, J
Hari Signh – Appellant
Versus
Hukum Singh – Respondent
MP 3778/2021
Anendra Singh Parihar,
The Tehsildar has jurisdiction to adjudicate disputes regarding private easements under the Madhya Pradesh Land Revenue Code, but such decisions can be challenged in civil court.
Headnote:(A) Madhya Pradesh Land Revenue Code, 1959 - Sections 131, 133, and 134 - Challenge to orders of Tehsildar regarding right of way and demolition of boundary wall - Petitioners contended that the Tehsildar acted without jurisdiction and violated due process in allowing the respondents' application for right of way to a cremation ground. (Paras 1-11)
(B) Jurisdiction - The Tehsildar has the authority to adjudicate disputes regarding private easements but such decisions are subject to challenge in civil court. (Paras 8-10)
Facts of the case:
The petitioners challenged the Tehsildar's orders allowing respondents to access a cremation ground through their property, claiming the orders were made without due process and jurisdiction.
Findings of Court:
The court found that the Tehsildar acted within jurisdiction and that the relief sought could only be claimed through a civil court.
Issues: The main issues were whether the Tehsildar had jurisdiction to grant the right of way and whether due process was followed in demolishing the petitioners' structure.
Ratio Decidendi: The court ruled that the Tehsildar's decision was within jurisdiction and that the petitioners' claims should be pursued in civil court, not through a petition under Article 227.
Result: Petition dismissed.
ORDER
01. This Misc. Petition under Article 227 of the Constitution of India is preferred challenging the legality of order dated 13.09.2021 (Annexure- P/6) & 01.09.2021 (Annexure-P/4) in Case No.0001/A-13/2021-2022 by the Tehsildar, Tehsil - Kalapipal, Shajapur praying following relief :-
(a) To quash and set-aside impugned order dated 13/09/2021 (Annexure P/5) passed in Case No.01/A-13/2021-22 by learned Tahsildar allowing the application filed under section 131, 133 and 134 of MPLRC by respondents and Court may order to dismiss the application filed by the respondents.
(b) To permit the petitioners to reinstate/re-construct the boundary wall and gate over the own survey number which had been illegally demolished by the order of the learned Tehsildar-Kalapipal without following due process of law.
(c) To direct the respondents authority to grant compensation to petitioners for the loss incurred to them due to illegal demolition of the boundary wall and Iron Gate of petitioners constructed on their own land.
(d) Any other relief which deems fit in the peculiar facts and circumstances of the case may kindly be granted in favour of the petitioner.
(e) Allow this petition with cost.
The subject-matter of the case in brief are as under:-
02. The petitioner is challenging the order dated 01.09.2021 whereby learned Tahsildar - Kalapipal dismissed the application filed by the petitioner and order dated 13/09/2021 whereby learned Tahsildar-Kalapipal, District- Shajapur has allowed the application filed by respondents no.01 to 02 under Section 131, 133 and 134 of the M.P.L.R.C., 1959 seeking so-called right of way to the cremation ground through the survey no.134/3/2 owned and possessed by petitioners as alleged in the application. By way of alleged application the respondents sought the right of way over the Survey No.134/3/2 situated at Village-Kuthali, Tehsil Kalapipal, District Shajapur (M.P.) and owned and possessed by the petitioners. The right of way was sought before the learned Tehsildar by the respondents from the land owned by the petitioners to go over the graveyard after demolishing construction of petitioners.
03. Being aggrieved by the order dated 13.09.2021 and 01.09.2021 petitioner preferred this present petition on the ground that the learned Tehsildar ignored the fact that there is no way from where the respondents were seeking way to reach the cremation ground. In actual it is not a cremation ground but the Samadhi of the ancestors of petitioners over their own survey numbers and it is not a public cremation ground and except the family members of the petitiner no other persons of the village are permitted to perform the last rites of their near and dear ones. But under the garb of this application the respondents are taking undue advantage of the situation by misleading the court & tried to obtain the said order which could not have been passed as it is had been done in the present case.
04. The court also acted in sheer violation of the rights of petitioner and demolished the structure though it does not have power to remove the structure constructed by the petitioners as the power to remove the same lies with the Civil court through leading of evidence butin the present case the learned Tahsildar court failed to consider the submission of petitioners and thereby allowed the application so filed by respondents that too before the date so fixed for orders.
05. As evident from the note sheet the date fixed for hearing before the learned Tahsildar Court was 15/09/2021 but with mala fide intention the case was heard on 13/09/2021 whereby learned Tahsildar Court ordered to demolish the permanent old structure it that’s boundary wall and iron Gate without following the due process of law.
Heard.
06. Learned counsel for the respondents have supported the impugned order and prayed for dismissal of this petition.
Perused the record.
07. Firstly, Section 131 of the Madhya Pradesh Land Revenue Code, 1959 is being reproduced as under:-
“131
