IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA ON THE 21^st OF MARCH, 2024 WRIT PETITION No. 7749 of 2018 BETWEEN:-

SHANTILAL S/O SHRI HEERALAL MAHAJAN (DIED)

THROUGH LEGAL REPRESENTATIVES: -

ASHISH S/O LATE SHRI SHANTILAL GUPTA, AGE- 45 YEARS, OCCUPATION: SERVICE, R/O- GUJARI CHOWK, RAJPUR, DISTRICT BARWANI (MADHYA PRADESH)

.....PETITIONER (BY MR. BHARAT I. MEHTA – LEARNED SENIOR ADVOCATE APPEARED ALONG WITH MR. JITENDRA BHARAT MEHTA – ADVOCATE.)

AND KASHIRAM S/O KALU, AGE- 50 YEARS, OCCUPATION: AGRICULTURE, 1.

R/O- VILLAGE SALKHEDA, TEHSIL RAJPUR, DISTRICT BARWANI (MADHYA PRADESH)

SMT. GENDIBAI D/O KALU W/O BHOLYA, AGE- 60 YEARS, OCCUPATION: AGRICULTURE, 2.

R/O- VILLAGE INDRAP, TEHSIL RAJPUR, DISTRICT BARWANI (MADHYA PRADESH)

THE STATE OF MADHYA PRADESH, 3. THROUGH THE COLLECTOR, DISTRICT BARWANI (MADHYA PRADESH)

4. THE SUB DIVISIONAL OFFICER (REVENUE), Signature Not Verified Signed by: RAMESH RAJPUR, DISTRICT BARWANI (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENTS NO.1 AND 2 BY MS. MINI RAVINDRAN – ADVOCATE.

RESPONDENTS NO.3 AND 4 – STATE OF MADHYA PRADESH BY MR. SUDHANSHU VYAS – ADVOCATE APPEARED ON BEHALF OF ADVOCATE GENERAL.)

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HEARD AND RESERVED ON: 11.03.2024 ORDER PASSED ON: 21.03.2024 ______________________________________________________________________________

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

ORDER

The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the order dated 06.02.2018 passed by the Board of Revenue, Gwalior Madhya Pradesh, whereby the order dated 30.03.2016 passed by the Collector, Barwani has been set aside and the matter has been remanded back for fresh adjudication.

2. The facts of the case in short are, as under: -

2.1 The petitioner is a registered owner of the agriculture land bearing Survey No.88 area of 25.51 acres of Village Salkheda, Tehsil Rajpur, District Barwani (M.P.). The predecessor of the petitioner purchased the aforesaid land from respondent Kalu vide registered sale-deed dated 06.03.1929 and placed in to possession. The said sale-deed was the subject matter of Second Appeal No.116 of Signature Not Verified Signed by: RAMESH

1960 (Kalu S/o Gulal v. Heeralal S/o Ramasa and Radhibai W/o Gulal). Vide judgment and decree dated 02.03.1962 second appeal was dismissed and the title of the predecessor of petitioner was confirmed. Thereafter, their names were mutated in the revenue records.

2.2 The Sub Divisional Officer (Revenue), Barwani (M.P.) initiated suo moto proceedings under Section 170-B of the Madhya Pradesh Land Revenue Code, 1959 (herein after referred to as the Revenue Code) on 17.02.1977, that Kalu was an aboriginal tribe and the land was sold to Heeralal, without permission from the Collector, therefore, such a transaction is void. Vide order dated 12.04.1983, the Sub Divisional Officer directed Hiralal to hand over the possession of the land in question to Gulal and Radhibai within fifteen days.

2.3 Heeralal challenged the aforesaid order by way of an appeal before the Additional Collector, Khargone. Vide order dated 31.05.1988, the appeal was allowed and the order of SDO dated 12.04.1983 was set aside.

2.4 Kalu approached the Additional Commissioner, Indore Division, Indore by way of appeal. Vide order dated 28.07.1994 the said appeal was dismissed and the matter was closed as the same was not challenged by Kalu.

2.5 All of a sudden in the year 2012, the Sub Divisional Officer (Revenue), Rajpur, District Barwani (M.P.) again started proceedings under Section 170-B of Signature Not Verified Signed by: RAMESH the Revenue Code on the basis of the report submitted by the Patwari Salkheda, Tehsil Rajpur, District Barwani (M.P.). The Sub Divisional Officer suomoto registered Revenue Case No.04-A/23 of 2009-10 and issued notice to the petitioner and respondents Kalu. After hearing the parties, vide or