Smt.Asha Yadav vs State Of Madhya Pradesh - 2023 Supreme(Online)(MP) 877

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2023 Supreme(Online)(MP) 877

IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

WRIT PETITION No. 3163 of 2013
BETWEEN:-
1.
SMT.ASHA
Y
ADA
V
W/O
KESHA
V
SINGH
BADAGAON
DIST.GW
ALIOR
M.P.
(MADHY
A
PRADESH)
2.
SMT. DOLI W/O VINOD SHARMA, R/O KRISHNA
APARTMENT LASHKAR, GW
ALIOR (MADHY
A
PRADESH)
3.
SMT. NALNI ASTHANA (DEAD) THR.
LRS.
3-A SUHEL SHANKAR ASTHANA, AGED ABOUT 53
YEARS R/O 20,CP, COLONY
NEAR 7 NUMBER
CHAURAHA, MURAR, GIRD, GWALIOR (M.P.)
3-B KANISHK SHAKAR S/O SH. VINOD SHANKAR
ASTHANA, AGED ABOUT 51 YEARS, R/O 20, C.P.
COLONY
, NEAR 7 NUMBER CHAURAHA, MURAR,
GIRD, GWALIOR (M.P.)
4.
SMT. SARITA W/O SHRI KEDARNATH ASTHANA
R/O
KALIMAI
SANTAR
MORAR,
GW
ALIOR
(MADHYA PRADESH)
5.
RA
VINDRA
KUMAR
S/O
SHRI
SHIVDAY
AL
PURSHOTTAM
VIHAR,
GOLA
KA
MANDIR,
MORAR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI PRASHANT SHARMA - ADVOCATE )
AND
1.
STATE
OF
MADHY
A
PRADESH
THROUGH
PRINCIPAL SECRETARY
REVENUE DEPARTMENT
V
ALLABH BHA
W
AN BHOPAL M.P. (MADHY
A
PRADESH)
2.
COLLECTOR/DISTRICT
MAGISTRATE
COLLECTOR GWALIOR (MADHYA PRADESH)
3.
TEHSILDAR
TEHSILDAR GW
ALIOR (MADHY
A
PRADESH)
4.
GOPAL GOY
AL S/O SHRI LAXMAN DAS GOY
AL
DAULATGANJ LASHKAR GW
ALIOR (MADHY
A
PRADESH)
5.
RAMGOPAL S/O SHRI GANESHI LAL DEAD
VILLAGE
DULLPUR
GW
ALIOR
(MADHY
A
PRADESH)
6.
MATHURA BAI W/O LATE SHRI RAMGOPAL
VILLAGE
DULLPUR
GW
ALIOR
(MADHY
A
PRADESH)
7.
PRAMOD
S/O
SHRI
RAMGOPAL VILLAGE
DULLPUR GWALIOR (MADHYA PRADESH)
8.
VIRENDRA
S/O
SHRI
RAMGOPAL VILLAGE
DULLPUR GWALIOR (MADHYA PRADESH)
9.
RANI D/O SHRI RAMGOPAL VILLAGE DULLPUR
GWALIOR (MADHYA PRADESH)
10.
SUBHADRA
D/O
SHRI
RAMGOPAL VILLAGE
DULLPUR GWALIOR (MADHYA PRADESH)
11.
BALRAM
S/O
SHRI
HARPRASAD VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
12.
BEJANTI W/O SHOBHARAM VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
13.
AMAR SINGH S/O SHRI SHOBHARAM VILLAGE
KHURERI TEHSIL GW
ALIOR (MADHY
A PRADESH)
14.
MUNNI BAI D/O SHOBHARAM VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
15.
NARAY
AN
S/O
SHRI
DHANIRAM VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
16.
BABU S/O SHRI NADARIY
A VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
17.
RAMCHARAN S/O SHRI DHANIRAM VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
18.
RAKESH
S/O
SHRI
RAMCHARAN VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
19.
SUKANIY
A
S/O
SHRI
RAMCHARAN VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
20.
GENDA S/O SHRI LALLU VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
21.
PY
ARE LAL S/O SHRI GENDA LAL VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
22.
KISHAN
LAL
S/O
SHRI
JAGRAM VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
23.
SHY
AMLAL
S/O
SHRI
JAGRAM VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
24.
NARESH
S/O
SHRI
SHY
AM
LAL VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
25.
GAURA BAI W/O LATE SHRI SHY
AM LAL VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
26.
MALTI
D/O
SHY
AM
LAL VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
27.
ANITA D/O SHRI SHY
AM LAL VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
28.
DW
ARIKA
S/O
SHRI
SHY
AM
LAL VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
29.
SUMERA S/O SHRI NADARIY
A VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
30.
SHOBHARAM S/O NA VILLAGE KHURERI TEHISL
GWALIOR (MADHYA PRADESH)
31.
JITENDRA S/O NA VILLAGE KHURERI TEHISL
GWALIOR (MADHYA PRADESH)
32.
SHANTI
S/O
NA VILLAGE KHURERI TEHISL
GWALIOR (MADHYA PRADESH)
33.
DEEPALI
S/O
NA VILLAGE KHURERI TEHISL
GWALIOR (MADHYA PRADESH)
34.
OMPRAKASH S/O SHRI SHOBHARAM VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
35.
AJMER SINGH S/O SHRI BABU VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
36.
SHOBHARAM
S/O
SHRI
SUMERA VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
37.
DEARIKA PRASAD S/O SHRI JAGRAM VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
38.
KISHAN LAL S/O SHRI RAMCHARAN VILLAGE
KHURERI TEHISL GW
ALIOR (MADHY
A PRADESH)
39.
PY
ARE LAL S/O SHRI GENDA VILLAGE KHURERI
TEHISL GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENTS 1 TO 3 /STATE BY
SHRI SHEERAZ QURAISHI GOVT..
ADVOCATE AND RESPONDENT NO. 4 BY
SHRI K.N. GUPTA SENIOR
ADVOCATE WITH SHRI KAMAL MANGAL- ADVOCATE, SHRI N.K. GUPTA
SENIOR ADVOCATE WITH SHRI S.D. SINGH - ADVOCATE AND SHRI V
.K.
BHARADW
AJ SENIOR ADVOCATE WITH SHRI ROHIT BATHAM -
ADVOCATE )
------------------------------------------------------------------------------------------------
RESERVED ON 06/02/2023
DELIVERED ON 14/06/2023
This petition coming on for order this day, th e court passed the
following:

Advocates:
Prashant Sharma,Sarvesh Sharma,Devendra Sharma,Advocate General

ORDER

The instant petition is arising out of the order dated 15.04.2013 passed by Board of Revenue whereby the revision filed by respondent No. 4 Gopal Goyal has been allowed and the order of Additional Commissioner dated

6.11.2012, Office of Sub-Divisional Officer dated 29.02.2012 and the order dated 28.12.1994 passed by Naib Tahsildar has been set aside and the learned Board of Revenue had directed to mutate the name of the respondent No. 1 in the revenue records. The brief facts of the case are that initially respondent no. 5 (deceased) had filed an application for mutation of his name over the land situated at Patwari Halka No. 52 consisting of Survey Nos. 444, 498, 519, 1421 ad-<br/>

measuring 26 Bigha and 9 Biswa. The said application was allowed by Naib Tahsildar vide order dated 28.12.1994 and mutated name of respondent No. 5 (deceased) in the revenue records. An appeal was preferred by respondent No. 4 before the Sub-Divisional Officer which was dismissed and the Order passed by Naib Tehsildar was affirmed. Against the said order of dismissal, a second appeal was preferred before the Additional commissioner by respondent No.4.

The learned Additional Commissioner vide order dated 6th of November 2012 allowed the appeal and set aside the order passed by the Sub-Divisional Officer as well as the Tahsildar and directed to record the lands in question in name of 'Mafi Atiye Sarkar' in the revenue records and further directed the Collector to carry out the said amendment and to ascertain further proceedings. Against the said order, present respondent No.4 had preferred a revision. Learned Board of Revenue had allowed the said revision and while setting aside the orders passed by the Additional Collector, the SDO and the Naib Tehsildar directed to record the name of present respondent No.4 in the revenue records as Bhoomi Swami.

Against the aforesaid order, the present petition has been filed.

Before adverting to the merits of the case it would be necessary to dwell into the facts of the case which had led to all these revenue proceedings. From the record it emerges that respondent No. 5 Ramgopal (deceased) had moved an application before Tahsildar, Gwalior u/s 168, 169, 190 and 110 of the MPLRC to the effect that lands situated at Gram Khurairi Patwari Halka No. 52 consisting of Survey Nos. 444 ad-measuring 14 Bigha and 2 Biswa, 487 ad-

measuring 3 Bigha and 11 Biswa, 498 ad-measuring 2 Bigha and 8 Biswa, 519 ad-measuring 5 Bigha and 4 Biswa, 1421 ad-measuring 2 Bigha and 14 Biswa and thus in all 26 Bigha and 9 Biswa of land were in the name of Balram, Baijanti, Narain Babu, Sumera, Ramcharan, Genda, Kishanlal, Shyamlal and Dwarika.

The said Ramgopal was tenant of the aforesaid Survey Numbers and was in continuous possession of the said lands and was even paying the lease rent and since he was in occupation of the land, his name was mutated in the revenue records. The case was registered in the Court of Tahsildar and vide order dated 28th of December 1994, the name of Ram Gopal (deceased) was mutated in the revenue records in place of the original land owners.

Against the said order of Tehsildar, a first appeal was preferred before the SDO which was dismissed vide order dated 29th of February 2012 and the order passed by the Tahsildar was maintained. The order of the SDO was challenged before learned Additional Commissioner and vide order dated 6th of November 2012 the learned Additional Commissioner had dismissed the appeal as well as the order passed by Tehsildar and directed that since the land is of Mafi Atiye Sarkar, it be recorded in its name. Against which revision was preferred before the Board of Revenue on the basis of following facts.

In Samvat 2007 in the revenue records in column No. 3 name of Mahant Manohar Das and Gururam Raghunandan Das was recorded as tenant along with Mafi Dharmada Atiye Sarkar and name of one Baba Parhalad Das S/o Jauhari Das was recorded as subtenant. From the aforesaid entr

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