IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 15 OF FEBRUARY, 2024 WRIT PETITION No. 1471 of 2007 BETWEEN:-

BANSIDAS S/O BADRIDAS, AGED ABOUT 71 YEARS, OCCUPATION: CULTIVATOR VILL.CHAPDA GAHAN TAH. SEONI MALWA DISTT. HOSHANGABAD (MADHYA PRADESH)

(Through legal representatives, vide Court order dated 02-09-

2009)

(a). MOHANDAS SHARMA AGED ABOUT 54 YEARS S/O LATE BANSIDAS PROFESSION SERVICE IN MUNICIPAL CORPORATION, BHOPAL, R/O E-2/318. ARERA COLONY, BHOPAL (b). bALRAM SHARMA AGED ABOUT 50 YEARS S/O LATE BANSIDAS PROFESSION : TAILORING R/O H.NO.90, MAYA NIVAS, NEAR GUFA MANDIR ROAD, LALGHATI BHOPAL (c). DURGA PRASAD SHARMA AGED ABOUT 40 YEARS S/O LATE BANSIDAS PROFESSION : CULTIVATOR R/O VILLAGE CHAPTAGAHAN POST JAT GUTRADIYA TEHSIL SEONI MALWA DISTRICT HOSHANGABAD.

.....PETITIONERS (BY SMT. SHOBHA MENON - SENIOR ADVOCATE ALONG WITH MS. RITU JANJANI, ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH :

SECRETARY PUBLIC TRUST DHARMASWA & WAKFS VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE COLLECTOR HOSHANGABAD (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER-SUB-REGISTRAR PUBLIC TRUST, SEONIMALWA, DIST.HOSHANGABAD (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: AJAY KUMAR (BY SHRI PRAVEEN NAMDEO - GOVT. ADVOCATE )

This petition coming on for final hearing this day, the court passed the following:

ORDER

This petition is filed by the petitioner while praying for the following reliefs :

"(i) In the facts and circumstances of the case this Hon'ble Court may be pleased to intervene in the matter and issue a writ of certiorari to quash Annexure-P/1, P/2 and P/3 in the interest of justice.

(ii) The lands bearing Khasra Nos.100 and 114 of Village, Chapadagahan, Tehsil Seoni Malwa, District Hoshangabad mentioned in para No.5.4 of the present petition are the ancestral property of the petitioners and as indicated in Misil Badobast of 1916 - 17, Annexure-P/4, these lands were held by the forefathers of the petitioners Late Pratap Das and Ugradas as maurasi maufi khairati, who remained in the cultivating possession thereof as maufidar and later these lands were devolved upon Badridas their grandfather and Bansidas father, who became the Bhumiswami of the said lands on the commencement of the M.P. Land Revenue Code and on death of their father they are the Bhumiswamis in cultivating possession of the aforesaid lands. The respondent No.3 purporting to exercise power under the M.P. Public Trust Act, 1951 tried to put these lands on auction, once in the year 2003 and second time on 5-5-2010 without any power to do so illegally and unconstitutionally, which needs to be prohibited under the extraordinary powers of this Hon'ble Court under Articles 226 and 227.

(iii) The respondents be prohibited from invading into the petitioner's right over the said property and desist from interfering with the same.

(iv) It be also held that there is no obligation upon the petitioner to furnish accounts of the aforesaid property to the respondent No.2.

(v) Cost of the petition be allowed to the petitioner."

2. The facts as detailed in the petition reveal that the petitioner is an Signature Not Verified Signed by: AJAY KUMAR agriculturist and owns Shri Radha Krishna Temple, situated in Village Chapda Gahan, Tehsil - Seoni Malwa, District Hoshangabad. The land bearing Khasra No.100 measuring 1.11 acres and Khasra No.114 measuring 10.80 acres, total area 20.91 acres of Village, Chapda Gahan, Tehsil Seonimalwa District Hoshangabad was held by Urgradas and Pratapdas, resident of the said Village as Maurasi Maufi Khairati in the year 1916-17 for the services rendered by them for Shri Radha Krishna Temple in the said Village, which is evident in the Misil Bandobast.

3. The present petitioner is the son of Late Badridas. Late Pratap Das and Ugra Das were grandfather and great grandfather respectively of the petitioner. The lands were recorded as Maurasi Maufi Khairati in the name of great grandfather and grandfather