IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 1 OF MAY, 2023 WRIT PETITION No. 9763 of 2023 BETWEEN:-

BHAMANIYA S/O SHRI KASIYA, AGED ABOUT 80 YEARS, OCCUPATION: LABOUR R/O VILLAGE BANSAPUR TEHSIL ASHOKNAGAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI S.K. SHARMA - ADVOCATE)

AND

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

2. THE COLLECTOR ASHOKNAGAR (MADHYA PRADESH)

3. TEHSILDAR ASHOKNAGAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI VIVEK KHEDKAR - ADDITIONAL ADVOCATE GENERAL)

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

ORDER

The present petition under Article 227 of the Constitution of India has been filed against the order dated 20.01.2023 (Annexure P/1) passed by Additional Collector, District Ashoknagar in Case No.0030/Revision/2022-23 by which the revision filed by the petitioner against the order dated 08.07.2022 passed by the Tehsildar under Madhya Pradesh Krishi Prayojan Ke Liye Upyog Signature Not Verified Ki Ja Rahi Dakhal Rahit Bhoomi Per Bhoomi Swami Adhikaro Ka Praday Kiya Jana (Vishesh Upband) Adhiniyam, 1984, has been dismissed.

It has been submitted by counsel for the petitioner that the Tehsildar without adverting to the grounds mentioned in the application vide Annexure P/3 has passed the order dated 08.07.2022 and thereafter, the petitioner challenged the aforesaid order before the Additional Collector by way of filing a revision which was registered as Case No.0030/Revision/2022-23 and the learned Additional Collector has affirmed the order passed by Tehsildar. It was further submitted that the petitioner is landless person and is in possession of the Government land bearing Survey Nos.340, 347, 349, 350 ad-measuring 1.473 hectares for more than 50 years. It was further submitted that as per the provisions of M.P. Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhal Rahit Bhumi Par Bhumi Swami Adhikaron Ka Pradan Kiya Jana Adhiniyam, 1984 (for short "the Adhiniyam,1984"), the petitioner is entitled for grant of patta o n the Government land. As the impugned orders have been passed without considering the provisions of Adhiniyam, 1984, therefore, the same are per se illegal and deserve to be set aside.

Per contra, learned State Counsel appearing has opposed the prayer so made by counsel for the petitioner and prayed for dismissal of the petition as there is no any specific provision with regard to grant of Patta over the Government land.

Heard counsel for the parties and perused the record.

Considering the overall facts and circumstances of the case, the impugned orders clearly appear to be non-speaking orders, therefore, the same are quashed. The matter is relegated back to the Tehsildar to decide the application afresh in the light of the provisions of Section 3 of the Adhiniyam, Signature Not Verified

1984 and pass a self-contained speaking order on the application after giving proper opportunity of hearing to the petitioner.

Let this exercise be done within a period of three months from the date of receipt of certified copy of this order.

With the aforesaid observation, the petitions is disposed off finally.

(MILIND RAMESH PHADKE)

JUDGE pwn*

Signature Not Verified