ORDER

This petition is filed under Article 226 of Constitution of India seeking following relief:- (1) Summon the entire relevant records pertaining to land in question bearing khasra no.591/1 situated in Gram Kachgawan Patwari Halka No.35, Revenue Inspector Circle Pahadi, Tahsil and District Katni from the possession of the respondents, for its kind perusal.

(2) Command and direct the respondent authorities to correct the land records and mutate the name of the petitioner in respect of the land in question bearing khasra no.591/1 having area of 6.06 hectares situated in Gram Kachgawan Patwari Halka No.35, Revenue Inspector Circle Pahadi, Tahsil and District Katni.

(3) To direct the respondent no.3 to 8 to correct the land revenue records as per the status prior to the order dated

23/24.08.2011.

(4) Further direct the respondent authorities to consider and decide the representation filed by the petitioner in accordance with law to secure the ends of justice.

(5) Any other order/orders, direction/directions may also be passed (6) Cost of the petition may also kindly be awarded.

The facts leading to the present case in nutshell are that the petitioner had purchased 0.231 hectare of land bearing old khasra no.178/2, 180/1, 180/2, 181/1, 181/2 and 190/3 in village Paharua Patwari Halka No.29/46 of revenue circle Murwara-2 Tahsil and District katni from one Radheshyam Maindiratta vide registered sale deed dated 16/10/2003. After purchasing the land it got mutated in the name of the petitioner and accordingly bhoo adhikar rin pustika was prepared.

After mutation in favour of the petitioner new khasra number (180/10 and

180/14) was allotted in village Paharua Patwari Halka no.29/46, Revenue Circle Murwara-2, Tahsil and District Katni.

At a later point of time, petitioner came to know that the land which was purchased by him was merged in Katni-Salaiya road, therefore, he made an application on 02/07/2004 for exchange of land in village Kachgawan Patwari Halka No.35, Revenue Circle Pahadi, survey no.591/1, area measuring 6.06 hectare.

A revenue case was registered vide case no.05/A-25/04-05 and proceeding for exchange of land was initiated. After completing all required formalities and obtaining no objection from all respective authorities, respondent no.3 vide order dated 03/03/2005 rejected the case of petitioner for exchange of land in question.

Being aggrieved with the aforesaid order, the petitioner preferred an appeal which was allowed by the Divisional Commissioner Revenue Division, Jabalpur directing respondent no.3 either to pay compensation to the petitioner for the land merged with the road or allot the land in question as a measure for exchange of land in lieu of the land merged with the road. Subsequently, the petitioner preferred an application for review of aforesaid order emphasizing therein that he is only seeking land in exchange and he doesn't want any compensation.

The review application was allowed by order dated 27/03/2006 directing Collector to allot the land to the petitioner. However, the direction for granting compensation alternatively was removed. The petitioner thereafter made an application before the Collector, Katni for mutating the name of the petitioner. Vide order dated 05/05/2008 respondent no.3 directed to correct the revenue record accordingly and petitioner was asked to submit the amount of difference between both the plots. Consequently, necessary corrections were made in the revenue records vide order dated 15/05/2008 and bhoo adhikar rin pustika and khasra was also prepared in favour of the petitioner.

However, the Collector by exercising power provided under Section 51 of Madhya Pradesh Land Revenue Code sue moto reviewed the order passed by its predecessor without obtaining permission from Board of Revenue as per the requirement of sub Section (i) of Section 51 of Madhya Pradesh Land Revenue Code, 1959. The said order of Collector passed in review has been assailed by the petitioner by filing a W.P.No.15