The appellant has filed this Writ Appeal being aggrieved by

the order dated 05.06.2020 whereby Writ Petition No.2191/2020

has been dismissed in limine by the Writ Court without notice to the

respondents.

The facts of the case in short are as under:

1.

The appellant submitted an application before the Tehsildar

on 18.05.2017 seeking correction of the land record that land use of

the remaining land area of 0.134 hectares of survey No.219/2 be

recorded for residential purposes. According to the appellant her

grandmother Smt.Kalawati Devi had sold her agricultural land

(total area of 0.125 hectares) to eight persons thereafter she had also

sold part of the land for other than agriculture purposes to five

persons (a total area of 0.0454 hectares). Although along with the

aforesaid application, no sale deeds were annexed, and no other

details were disclosed in it. The aforesaid application has been filed

by the appellant through his power of attorney holder, the contents

of the application are very vague in nature, even then the Tehsildar

has entertained the application and obtained a report from Patwari

but dismissed the application that the land being a diverted land to

other than agriculture purpose, revenue authority under M.P. Land

Revenue Code, 1959 is Tehsildar does not have jurisdiction to

grant any relief.

2.

Being aggrieved by the aforesaid order, the petitioner

preferred an appeal before the Sub Divisional Officer Susner-

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Nalkheda, Agar Malwa, which has also been dismissed vide order

dated 30.05.2018. Thereafter, he approached the Court of

Additional Commissioner by way of an application under Section

44(2) of M.P. Land Revenue Code, 1959 that too has been

dismissed vide order dated 14.11.2018. Being aggrieved by the

order of the Additional Commissioner, a review petition was filed

that has been dismissed vide order dated 08.01.2019 and thereafter,

a writ petition has been filed.

3.

Vide order dated 05.06.2020, the Writ Court has dismissed

the Writ Petition solely on the ground that the land in question had

already been diverted, therefore revenue authorities lack jurisdiction

to correct the revenue entries in respect of diverted land, hence, this

writ appeal before this Court.

4.

The respondents were called upon to file a reply to clarify the

legal position in this matter. The respondents have filed a brief reply

by submitting that the appellant filed the application before the

Tehsildar without the necessary documents. It is further submitted

that the actual owner of the land Kalawati Devi, never applied for

correction of record after selling the agricultural land to 13

different people. Jurisdiction is vested with Sub Divisional Officer

for correction of land records before whom no application has been

filed, hence no interference id call for writ appeal is liable to be

dismissed.

We have heard learned counsel for the parties.

5.

All the Revenue Authorities have dismissed the application

inter -alia on the ground that the land in question is a diverted land

and no correction can be made in the revenue records by them

under the provisions of M.P. Land Revenue Code, 1959 hence, the

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issue which requires our consideration is whether the provisions of

M.P. Land Revenue Code, 1959 apply to those lands which are

being used for other than agricultural purposes or diverted land?

6.

The M.P. Land Revenue Code, 1959 consolidate and amend

the law relating to land revenue, the powers of Revenue Officers,

rights and liabilities of holders of land from the State Government,

agricultural tenures and other matters relating to land and the

liabilities incidental thereto in Madhya Pradesh. Section 2 (k)

defines "land" means a portion of the earth's surface whether or not

underwater, it shall be deemed to include all things attached to or

permanently fastened to anything attached to such land. The

buildings standing on the land are fictionally made to mean land by

this clause. The ''landless person'' defines under