The determination of Bhu-swami rights lies within the civil court's jurisdiction, not the revenue authorities, as per the Land Revenue Code.

ORDER

This is a petition under Article 227 of the Constitution of India being aggrieved by the order of Additional Commissioner dated 06.11.2023 in 08/Revision/2022-23 and the notice dated 25.04.2022 issued by Collector, Ratlam in File No.41/B-121/2022-23 seeking to set aside the order of the respondent No.1 / sub-ordinate Court of Collector, District Ratlam dated 15.07.2022 (Annexure P-6) and modify the order of Additional Commissioner dated 06.11.2023 (Annexure P-12) and the present petition is filed.

02. On 25.04.2022, report received from the Sub-Divisional Officer (Revenue), Jaora dated 22.10.2021 that on construction of 106 shops including the Janta Complex located in survey No.958 (previous surveys No.544 and 545) in Village Dhodhar, Tehsil Jaora, District Ratlam without obtaining permission, the encroachments were removed by Gram Panchayat with the Police force on 10.10.2021. In the records of year 1957-58, surveys No.544 and 545 are registered in the names of Murlidhar and Laxminarayan. The current surveys No.544 and 545 of the year 1957-58 are made from previous surveys No.259, 255, 257 and 260 and in the record of the Samvat 2005 in survey No.255 the name of the owner was Himmat Singh and Murlidhar, Laxminarayan and Vasudev S/o Ramnarayan Das were recorded as non-maurasi agriculturists, in the same coloum of Khasra the word lease is recorded for 7 to 11 years, the coloum No.28 is called residential area and the lease No.15 recorded in coloum No.30 of Samvat 2003 dated 23.01.1947 is recorded as maurasi and Patta No.1/1994 is recorded. Further observed that in the event of lease period of the said land having already been expired, it would be appropriate to declare the said land belongs to the Government land, further observed that a show-cause notice shall be issued asking the lease holders that why should the said land not to be declared as Government land in the interest of Government.

03. On receipt of notice, the Tehsil Jaora submitted a report dated 27.04.2022 in compliace to the letter dated 25.04.2022 he stated that on 10.10.2021 in the presence of Police force, the encroachment of 106 shops including Janta Complex was removed by Gram Panchayat, apart from this, in survey No.958, 36 shops have been built and shop-keepers are doing business and 71 houses have been built and families are residing. The said construction is about 30 to 40 years old and also a Jain Temple is located, he submitted investigation report enclosing Patwari report for appropriate action.

04. The petitioners filed revision petition in case No.08/Revision/2022- 23 dated 19.07.2022 before Additional Commissioner, Ujjain stated that the ancestors of petitioners, Murlidar, Laxminarayan and Vasudev S/o Narayandas Mahajan were given agricultural land in surveys No.259 and 260 as Maurasi agriculturists by the Department of Land Records and Settlement (Section Settlement), Gwalior in the Samvat 1995, which is the current survey No.958. The said survey number is made from pre- settlement surveys No.544 and 545. In the year 1957-58, the surveys No.544 and 545 were recorded in the name of above-said persons, resident of Mandsaur, Khasra Coloum 22 is recorded as 'Ginning Factory Noiyat'. Survey Nos.544 and 545 arise out of surveys No.259, 255, 257 and 260 and in the record of the Samvat 2005, the survey No.255 is registered in the names of owner Himmat Singh and Murlidhar, Laxminarayan and Vasudev S/o Ramnarayan Das were recorded as non-maurasi agriculturists, in the same coloum of Khasra, the word lease is recorded for 7 to 11 years, the coloum No.28 is called residential area and the lease No.15 is recorded as maurasi in coloum No.30 of Samvat 2003 dated 23.01.1947 and Patta No.1/1994 is recorded and issued notice that the lease period of the said land having already been expired, it would be appropriate to declare the said land as Government land, show-cause notice asking the lease holders that why the said land should not to be declared as Governme