IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 19 OF NOVEMBER, 2024 WRIT APPEAL No. 2582 of 2024 RAMKUMAR SHARMA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri N.K.Gupta - Senior Advocate with Shri Sarvesh Sharma - Advocate for the appellant.

Shri Ankur Mody - Additional Advocate General for the respondent/State.

ORDER Per: Justice Anand Pathak This Writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is filed against the order dated 22.10.2024 passed in Writ Petition No.2289/2024 by the learned Single Judge, whereby writ petition filed by the petitioner/State was allowed.

2. Precisely stated facts of the case are that a complaint was received by the Commissioner, Gwalior Division Gwalior in the year 2018 stating therein that there are manipulations in the revenue record and the govt. land has been diverted in the name of private persons by way of manipulation in the revenue record. On the basis of aforesaid complaint, Commissioner, Gwalior Division Gwalior vide letter dt.26.06.2018 directed Collector Signature Not Verified Signed by: SANJEEV Gwalior to enquire into the matter including disputed land i.e. survey No.200 situated at village Ohadpur, Tehsil and District Gwalior. On the basis of aforesaid, a committee was constituted and an enquiry was initiated.

3 . The enquiry report was submitted by the Tahsildar vide letter dt.01.10.2010 informing that after perusal of the original record and Khasra with regard to land bearing survey No.200 right from Samvat 1997 various irregularities and manipulations were found. It has also been found that on the basis of mutation entry, the diversion was also directed by SDO in respect of disputed land vide order dt.10.10.2013. Since there was manipulation in the revenue record, Town and Country Planning Department Gwalior passed an order dt.13.05.2016 in the matter of Ms/

Rajkamal Builders thereby revoking the permission granted earlier.

4. After receiving the enquiry report, show cause notice was issued against the respondent (appellant herein). After perusing the entire record of Nazul Officer, it was found that there was manipulation in record and the land was recorded as Seda and without considering manipulation, NOC was issued. Therefore, NOC issued was rejected by the Additional Collector, Gwalior vide order dt.20.02.2019. Against the aforesaid order, respondent (appellant herein) preferred a revision before the Commissioner, Gwalior Division, Gwalior as Case No./01/Revision/2019-20, which was allowed vide order dt.18.09.2020 setting aside order dt. 20.02.2019 passed by the Additional Collector, Gwalior. Against the aforesaid order, petitioner/State preferred Writ Petition No.2289/2024.

5. The learned Writ Court vide order dated 07.08.2024 allowed the Signature Not Verified Signed by: SANJEEV writ petition thereby quashing the order dt.18.09.2020 passed by the Commissioner, Gwalior Division, Gwalior and restoring the order dt.20.02.2019 passed by the Additional Collector Gwalior. Therefore, appellant is before this Court.

6. It is the submission of learned counsel for the appellant that there is no finding of the Additional Collector in the order dt.20.20.2019 that the land bearing survey No.200 was the Zamindari land or it was recorded as Zamindari land. On the contrary, it was the finding of the Additional Collector that aforesaid land was recorded in the name of Heeralal but there is a doubt with regard to manipulation of record. It is further submitted that there was no specific finding of the Additional Collector that the record was manipulated, however, only doubt with regard to manipulation in the record was created. It is further submitted that appellant applied for grant of Nzaul NOC, which was granted by the competent authority. Once the Nazul NOC is granted, then the land can not be said to be the government land and that too