IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 17 OF JULY, 2023 MISC. PETITION No. 224 of 2018 BETWEEN:-

BABULAL S/O DARUA, AGED ABOUT 70 YEARS, RESIDENT OF VILLAGE RANIPURA, TEHSIL JAURA, DISTRICT MORENA (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAGHVENDRA DIXIT - ADVOCATE)

AND

1. SHRIRAM S/O SUKHA, CASTE DHOBI, RESIDENT OF VILLAGE PAHADGARH, TEHSIL JUARA, MORENA (MADHYA PRADESH)

2. SHAILENDRA KUMAR S/O MOTI LAL RESIDENT OF VILLAGE PAHADGARH, TEHSIL JUARA, MORENA (MADHYA PRADESH)

3. MOTILAL S/O JAGANNATHRESIDENT OF VILLAGE PAHADGARH, TEHSIL JUARA, MORENA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI MAHESH GOYAL - ADVOCATE)

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

ORDER

The present petition under Article 226/277 of the Constitution of India has been filed by the petitioner being aggrieved by order dated

09.11.2017 passed by Member of Board of Revenue Gwalior in Case No.III/Revision/Morena/Land Revenue/2017/3727; whereby, order dated 31.08.2017 passed by the Additional Commissioner, Chambal Division Morena in Case No.403/2016-17/Appeal preferred at the instance of present petitioner confirming the order dated 12.05.2017 passed by Additional Collector in case No.06/2008-09/B-121 wherein first appeal preferred by the present respondents was allowed, was affirmed.

Brief facts of the case are that the petitioner is the owner of land bearing Survey No.19 situated at Village Gopalpura, Tehsil Joura, District Morena. The respondents herein had filed an application for correction of map (Aks) which was made at the time of settlement of old Survey Nos.246 and 248 (new Survey Nos.17, 18 and 19) before the Additional Collector which was registered as Case No.34/2000-2001. Vide order dated 12.01.2001, the Additional Collector directed to correct the defect which was caused in the map during the course of settlement. Being aggrieved by the said order of Additional Collector, the petitioner preferred an appeal before the Additional Commissioner, Chambal Division, Morena which was registered as Case No.107/2000-01/Appeal. Vide order dated 14.08.2002, the Additional Commissioner had allowed the said appeal on the ground that proceedings for rectifying the defect found in the map (Aks) during the course of settlement at the instance of the respondents could not have been registered in appeal. As the statutory provisions have not been followed and opportunity of hearing was also not granted to the petitioner, the proceedings were held to be illegal.

Aggrieved by the order passed by Additional Commissioner, the respondents herein had preferred a Revision before the Board of Revenue, Gwalior which was numbered as Case No. Revision/2659-Three/2002. After hearing rival contentions of the parties, the said revision was allowed by Member, Board of Revenue vide order dated 13.08.2008 by setting aside the order passed by the Additional Commissioner and the Additional Collector was again directed to conduct spot inspection in the presence of both the parties and after affording reasonable opportunity of hearing to them, was directed to resolve the dispute with regard to rectification of defects in the map (aks).

In compliance of the order passed by the Member, Board of Revenue, Gwalior, learned Additional Collector, Morena again called for spot inspection report from the Revenue Inspector, Circle-8, Pahadgarh and Additional Tehsildar who prepared the reports and on the basis whereof, learned Additional Collector passed the order dated 12.05.2017 directing the Additional Tehsildar to rectify the defects and correct the map (aks) taking into consideration the situation as existed at the time of settlement i.e. the situation of the map which was there at time of settlement was again restored.

Aggrieved by the aforesaid order, the petitioner preferred an appeal before the Additional Commissioner, Chambal Divison, Morena who after scrutiny of the matter dismissed the app