IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA nd ON THE 2 OF MARCH, 2023 WRIT PETITION No. 5301 of 2023 BETWEEN:-

1. HARI @ HARIRAM KEWAT S/O SHRI AARAM KEWAT, AGED 55 YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE TIJARPUR POST PADORA TEHSIL PICHHORE, RANNOD SHIVPURI, DISTRICT SHIVPURI (MADHYA PRADESH)

2. GHANSHYAM KEWAT S/O SHRI AARAM KEWAT, AGED 73 YEARS, OCCUPATION AGRICULTURIST, R/O VILLAGE TIJARPUR, POST PADORA, TEHSIL PICHHORE, RANNOD SHIVPURI, DISTRICT SHIVPURI (MADHYA PRADESH)

.....PETITIONERS (BY MR. D.P. SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, MANTRALAYA, VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE COLLECTOR SHIVPURI DISTRICT SHIVPURI (MADHYA PRADESH)

3. THE SUB-DIVISIONAL OFFICER (REVENUE), PICHHOR, DIST. SHIVPURI (MADHYA PRADESH)

4. TEHSILDAR TEHSIL KHANIYADHANA DISTRICT SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS (BY MR. SUSHANT TIWARI - GOVERNMENT ADVOCATE)

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

Signature Not Verified Signed by: BARKHA

ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :-

"(i) That, the respondent be commanded to take cognizance over the representation filed by the petitioner impugned Annexure P-1 with a further to make Amal over the revenue record relates to Survey No.525, Area 3.44 Hectare, Situated at Village Guraiya, Patwari Halka No.01, Khaniyadhana, District Shivpuri (M.P.).

(ii) That, the respondent be further commanded to make proper entry in the computer record as well as in all the revenue papers and recorded as Bhoomi-Swami over Survey No.525, Area 3.44 Hectare.

(iii) That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may be granted."

It is submitted by learned counsel for the petitioner that the petitioner has been granted lease by the Government but he is repeatedly requesting the Tehsildar Khaniyadhana to mutate his name in the Revenue record but no action has been taken.

It is fairly conceded by the counsel for the petitioner that the petitioner has not moved any application under Sections 109, 110 or 115 of MPLRC.

When there is a specific provision under MPLRC, then making an application on administrative side is not permissible. Accordingly, counsel for the petitioner seeks permission of this Court to withdraw the petition with liberty to file an application under Sections 109, 110 or 115 of MPLRC.

With aforesaid liberty, the petition is dismissed as withdrawn.

Needless to mention that by extending the aforesaid liberty, this Court Signature Not Verified Signed by: BARKHA has not considered the entitlement of the petitioner to get his name mutated in the Revenue records. If such an application is filed, then it shall be considered and decided on its own merit without getting influenced or prejudiced by this Court.

G.S. AHLUWALIA)

JUDGE bj/-

Signature Not Verified Signed by: BARKHA