IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

13th OF MARCH, 2024 WRIT PETITION No. 9642 of 2012 BETWEEN:-

NARMADA PRASAD SAHU S/O LATE RAMRATAN SAHU (DIED) DELETED BY COURT ORDER DATED 11.09.2023.

1. HEERALAL SAHU S/O SHRI NARMADA PRASAD SAHU, AGED ABOUT 50 YEARS, R/O VILLAGE MAJAHIAKHAR, TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

2. SMT. SHYAM BAI W/O SHRI HEERALAL SAHU, AGED ABOUT 44 YEARS, R/O MAJAHIAKHAR, TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

3. SHRI DURGESH SAHU S/O SHRI HEERALAL SAHU, AGED ABOUT 17 YEARS, R/O MAJAHIAKHAR, TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

.....PETITIONERS (BY SHRI ASHOK LALWANI - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY MINISTRY OF REVENUE, BHOPAL (MADHYA PRADESH)

2. ADDITIONAL COLLECTOR, COLLECTORATE DINDORI, DISTRICT DINDORI (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER, TAHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

4. AWADHESH PRATAP SINGH, ADDITIONAL COLLECTOR, DISTRICT DINDORI (MADHYA PRADESH)

5. ADESH RAI, SUB DIVISIONAL OFFICER (REVENUE) DISTRICT DINDORI (MADHYA PRADESH)

6. SHRI K.L. SONI, PATWARI H.NO. 196 VILLAGE GADASARAI, DISTRICT DINDORI (MADHYA PRADESH)

7. AJURAM S/O CHETRAM KOL, AGED ABOUT 40 YEARS, R/O MAJHIAKHAR, TAHSIL BAJAG, DISTRICT DINDORI (MADHYA PRADESH)

8. PARASRAM SAHU S/O RAMRATAN SAHU, AGED ABOUT 65 YEARS, SAKKA TAHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

9. THE STATE OF MADHYA PRADESH THROUGH COLLECTOR DINDOR, DISTRICT DINDORI (MADHYA PRADESH)

.....RESPONDENTS (SHRI HITENDRA KUMAR GOLHANI – PANEL LAWYER FOR RESPONDENTS NO.1, 2, 3 AND 9, NONE FOR OTHER RESPONDENTS)

............................................................................................................................................

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

ORDER

This Petition under Article 226 of Constitution of India has been filed against order dated 01.12.2010 passed by SDO (Revenue), District Dindori in Revenue Case No.01(A-23) 2010-11 and order dated 22.05.2012 passed by Additional Collector, Dindori, District Dindori in Appeal No.33, 34, 35, 36 (A-23) 2010-11 by which land of petitioners has been directed to be reverted back to respondent No.7 under the provisions of Section 170B of MPLR Code.

2. It is submitted by counsel for petitioners that earlier Chhutiya Kol was in possession of property in dispute in the year 1929-30. Thereafter, he surrendered his land in favour of the then Malgujar, namely; Bodhiram Teli on account of non-payment of land revenue. According to petitioners, family tree of Bodhiram Teli is as under:

Bodhiram Teli Kathorelal Ramratan Narmada Prasad Sharda Parasram

3. It is submitted by counsel for petitioners that Bodhiram Teli partitioned the property during his lifetime between his sons Kathorelal and Ramratan and disputed property went to the share of Ramratan. Ramratan during his lifetime carried out family settlement and disputed property went to the share of Nanhi Bai W/o Ramratan. Nanhi Bai executed a will in favour of Ramratan. In his turn Ramratan executed a Will in favour of Parasram and Parasram in his turn alienated the property by four different sale deeds in favour of petitioners. It is submitted that thereafter, Ajuram Kol filed a civil suit for declaration of title and possession of Khasra No.669 area 3.66 and Araji No.668 area 1.40 hectare against Parasram. The said civil suit was instituted in the year 2003, which was registered as Civil Suit No.71A/2003. The said civil suit was dismissed by judgment and decree dated 16.04.2005 passed by Civil Judge, Class I, District Dindori with a clear finding that Chhutiya Kol had surrendered the land in favour of the then Malgujar on 30.06.1991 and since then name of the then Malgujar, namely Bodhiram Teli was recorded in the revenue record. It was further held that since Chhutiya Kol had surrendered his land in the year 1931 in favour of the then Malgujar, therefore, right of Chhutiya