IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI th ON THE 13 OF JULY, 2023 WRIT PETITION No. 6137 of 2023 BETWEEN:-

VINOD KOLI S/O SHRI VITTHAL KOLI, AGED ABOUT 40 YEARS, OCCUPATION: VILLAGE KOTWAR AT VILLAGE KHAKNAR KALA, R/O VILLAGE KHAKHNAR KALA, TEHSIL KHAKNAR, DISTRICT BURHANPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI MOHAN LAL SHARMA - ADVOCATE)

AND

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

2. C O L L E C T O R , B U R H A N P U R DISTRICT BURHANPUR (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER (REVENUE) KHAKHAR K A L A , DISTRICT BURHANPUR (MADHYA PRADESH)

4. TEHSILDAR, TEHSIL KHAKHAR, DISTRICT BURHANPUR (MADHYA PRADESH)

5. PATWARI, PATWARI HALKA NO. 22, R/O VILLAGE KHAKHAR KALA, DISTRICT BURHANPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)

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

ORDER

Signature Not Verified Signed by: ANIL By this petition, the petitioner is seeking quashment of orders dated

23.01.2020 and 28.04.2022.

2. The main grievance of the petitioner is that being a Kotwar though he was granted Seva Bhoomi by the Government but by communication dated 23.01.2023 (Annexure-P/1) all the Patwaries have been directed that the land recorded in the name of the Government as Seva Bhumi and given to the Kotwars for their livelihood be recorded in the name of Government and pursuant thereto revenue record were directed to be corrected accordingly.

3. The counsel for the petitioner submits that the petitioner has been cultivating the land since long which has been granted by the Government to him in lieu of the services rendered by him as a Kotwar. According to him, the land in question is the only source of his livelihood and if the same is taken back by the Government then the petitioner will have no other source of his livelihood.

4. However, learned counsel for the State has submitted that the petition of similar nature had already been dismissed by the Court against which an appeal has been preferred i.e. W.A.No.858 of 2022 (Smt. Biniya Bai Mehra Vs. State of M.P. and Others) which got disposed of vide order dated 14.06.2022 directing the petitioner to approach the Collector raising his grievance, who will redress his grievance without being influenced with the order passed by the Principal Secretary, Revenue Department on 28.02.2017.

5. In view of the aforesaid and taking into account the judgment passed by the Division Bench in Smt. Biniya Bai Mehra (supra), this petition is also disposed of directing the petitioner to approach the Collector Burhanpur raising his grievance and on the same being done the said authority shall consider and decide the grievance of the petitioner as per the direction issued by the Division Signature Not Verified Signed by: ANIL Bench of this Court in case of Smt. Biniya Bai Mehra (supra) without being influenced with the order of the Principal Secretary, Revenue Department dated 28.02.2017. Till then, the status quo as exists today in respect of the land in question shall be maintained.

6. With the aforesaid, this petition is disposed of.

(SANJAY DWIVEDI)

JUDGE ac/-

Signature Not Verified Signed by: ANIL