IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR WP No. 28092 of 2003 (STATE OF M.P. Vs RAJMANI SINGH & ORS.)

WP/28093/2003, WP/28094/2003 Dated : 05-07-2023 Shri Amit Sharma - Government Advocate for the petitioners-State.

Shri Ravish Agrawal - Senior Advocate assisted by Shri Saket Malik -

Advocate for the respondents.

These writ petitions are filed by the State being aggrieved of the order dated 06.11.2001 passed by the learned Board of Revenue, Madhya Pradesh, Gwalior in Revision cases No.67/Three/96, 68/Three/96, 69/Three/96, whereby it has set aside the concurrent findings of the Commissioner, Rewa Division, Rewa dated 19.07.1996 and that of the Additional Collector, Sidhi dated

19.09.1990.

2. This case has a long history. To record the facts in brief, respondents herein had filed an application before the Tehsildar, Gopad Banas for granting them Bhumiswami rights claiming themselves to be successors of Pawaidars of the concerned village. Their contention is that since they are the successors of the earlier Pawaidars and were in possession of the land contained in Survey Nos.325, 363, 364, 81/436, therefore, in terms of the provisions of Vindhya Pradesh Jagirdari Unmoolan Evam Bhumi Sudhar Adhinyam, 1952, they attained the rights of Giar Haqdar Kashatkar and thus, in terms of the provisions contained in Section 158 of the Madhya Pradesh Land Revenue Code, they attained Bhumiswami rights. This application as was filed by the respondents herein, was rejected by the Tehsildar, Gopad Banas vide order dated Signature Not Verified SAN

27.05.1966, as contained in Annexure P-4.

3. Against the said order, respondents herein had filed an appeal before the Sub Divisional Officer, Gopad Banas, District Sidhi as contained in Annexure P-5, which was decided by the said Sub Divisional Officer vide order dated 15.11.1967 (Annexure P-6). Vide aforesaid order dated 15.11.1967, Sub Divisional Officer, Gopad Banas had set aside the orders of the Tehsildar.

4. Collector, Sidhi had taken these cases in suo moto revisions and, thereafter, assigned the matter to the Additional Collector, Sidhi. Additional Collector, Sidhi passed the order dated 24.02.1971 (Annexure P-7) and restored the order of the Tehsildar.

5. This order was challenged before the Additional Commissioner, Rewa Division, Rewa in Revision Nos.360/A-85(5)/70-71, 369/A-85(5)/70-71 and 370/A-85(5)/70-71. Learned Additional Commissioner, Rewa vide order dated 11.02.1972 (Annexure P-8), remanded the matter to the Additional Collector for passing a verdict. Learned Additional Commissioner in its order observed that Pawaidar could not be a Gair Haqdar tenant even after he had ceased to be a Pawaidar. It made an observation that Rewa Land Revenue and Tenancy Code, 1935 (hereinafter referred to as the ''Code of 1935'') continued in force till a date some two or three years after the resumption of certain Pawais and once a person was not a Pawaidar, he could acquire any such right as may be obtained by any agriculturist. Therefore, learned Additional Commissioner observed that the question which was required to be determined was whether petitioners acquire these rights. He observed that it is a question of fact and, therefore, remanded the matter to the Additional Collector to pass orders afresh.

Signature Not Verified SAN

6. Learned Additional Collector, Sidhi vide order dated 28.02.1974 (Annexure P-9) made an observation that merely because petitioners therein were in possession of the land after abolition of Pawai system, they will not acquire the Bhumiswami rights or the status of Gair Haqdar Kashatkar because there is a provision under Section 4 of the Vindhya Pradesh Jagirdari Unmoolan Evam Bhumi Sudhar Adhiniyam, 1952 (hereinafter referred to as the ''Act of 1952''), whereby provisions of other Acts were repealed. In terms of Section 6(A) of the said Act, it is mentioned that after abolition of Pawai system, all the lands stood vested in the State Government. It is also mentioned that as per