IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 8 OF SEPTEMBER, 2023 MISC. PETITION No. 798 of 2021 BETWEEN:-

RAJENDRA PRASAD S/O SHRI BHAVANI DEEN CHOURASIA, AGED ABOUT 65 YEARS, OCCUPATION:

CULTIVATION GADHIMALAHRA TAHSIL MAHARAJPUR DISTT. CHHATARPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI N.S. RUPRAH - ADVOCATE )

AND

1. RAJU S/O KISHORILAL CHOURASIA

2. VINOD S/O KISHORILAL CHOURASIA

3. PRAMOD S/O KISHORILAL CHOURASIA

4. SURENDRA S/O KISHORILAL CHOURASIA

5. PRAKASH S/O KISHORILAL CHOURASIA

6. VIDHYA DEVI W/O KISHORILAL CHOURASIA ALL R/O VILLAGE GADHIMALAHRA TAHSIL MAHARAJPUR DISTT. CHHATARPUR (MADHYA PRADESH)

7. RAMRATI D/O KISHORILAL CHOURASIA PURANI BASTI BARIGARH TAH. GAURIHAR (MADHYA PRADESH)

8. ADDITIONAL COMMISSIONER SAGAR DIVISION SAGAR (MADHYA PRADESH)

9. SUB DIVISIONAL OFFICER (REVENUE) NOWGAON DISTT. CHHATARPUR (MADHYA PRADESH)

Signature Not Verified Signed by: PRADYUMNA .....RESPONDENTS (SHRI NEELESH JAIN - ADVOCATE FOR RESPONDENT NOS. 1 TO 7) (SHRI AMIT PANDEY - PANEL LAWYER FOR RESPONDENT NOS. 8 &

9/STATE)

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

ORDER

The petitioner has filed this petition seeking quashment of order dated

5.2.2021 (Annexure P-1) passed by Additional Commissioner, Sagar Division, Sagar in Case No. RCMS 0236/Appeal/2019-20.

2. The facts, as detailed in the petition, reflect that the land belonging to the ancestors of the petitioner is situated at village Gadhimalahara, which was later on converted into Nagar Palika prior to 1994. Respondent Nos. 1 to 7 moved an application before the Tahsildar, Tahsil Maharajpur, District Chhatarpur for rectification of records on the basis of some Patta dated 26.9.1998 as according to them a piece of land ad-measuring 60 x 60 feet between the agricultural land of the petitioner and main road was granted to respondent Nos. 1 to 7. The Tahsildar passed an order dated 30.11.2017 (Annexure P-3) and on the basis of the application filed by respondent Nos. 1 to 7, their names were directed to be mutated in the records. It was further observed that the endorsement i.e. "received from the Government" and "banned from sale", be made in revenue record. The order passed by the Tahsildar dated 30.11.2017 (Annexure P-3) was assailed by the petitioner by filing an appeal before the Sub Divisional Officer (Revenue), Naugaon, District Chhatarpur. The Sub Divisional Officer vide order dated 10.4.2019 (Annexure P-2) allowed the appeal filed by the petitioner on the ground that after a period of 19 years, there could not have been correction in the land records in terms of Section 115 of the M.P. Land Revenue Code (hereinafter referred to as the Signature Not Verified Signed by: PRADYUMNA Code). Accordingly, the Sub Divisional Officer, set aside the order passed by the Tahsildar dated 30.11.2017. The order passed by the Sub Divisional Officer dated 10.4.2019 (Annexure P-2) was assailed by respondent Nos. 1 to 7 by filing an appeal before the Additional Commissioner, Sagar Division, Sagar. The Additional Commissioner vide order dated 5.2.2021 (Annexure P-1) allowed the appeal and reversed the order passed by the Sub Divisional Officer dated 10.4.2019 (Annexure P-2). Hence, the present petition has been filed by the petitioner assailing the order passed by the Additional Commissioner. 3. The counsel for the petitioner contends that the order of the Additional Commissioner is unsustainable and deserves to be quashed. It is the contention of the petitioner that the Sub Divisional Officer passed an order while taking into consideration unamended provisions of Section 115 the Code and in terms of the said unamended provisions, the correction was not permissible after one year whereas the Tahsildar without dealing with the rider contained in Section 115 of the Code, proceeded to pass the order after 19 years. Accordingly, the Sub Divisional Officer, on this count alone, allowed the appeal preferred by the petit