IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 2 nd OF NOVEMBER, 2023 MISC. PETITION No. 5838 of 2019 BETWEEN:-

SHRI NIWAS PATEL S/O SHRI SOKHILAL PATEL, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE PATI, TEHSIL GUDH, DISTRICT REWA, M.P. (MADHYA PRADESH)

.....PETITIONER (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. CHANDRA BATI PATEL W/O SHRI JAGDISH PATEL R/O VILLAGE PATI, TEHSIL GUDH, DISTRICT REWA, M.P. (MADHYA PRADESH)

2. SHRIKRISHAN PATEL S/O LATE SHRI AGRESEN PATEL R/O VILLAGE PATI, TEHSIL GUDH, DISTRICT REWA, M.P.

(MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ASHOK KUMAR PANDEY - ADVOCATE)

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

ORDER

1. This writ petition under Article 227 of the Constitution of India has been filed against the order dated 25.9.2019 passed by the Board of Revenue in Revision No.4402/18/Rewa/Land Revenue by which the revision filed by the respondent no.1 against the order passed by the Addl. Commissioner, Rewa Division Rewa has been allowed and order dated 19.2.2015 passed by the S.D.O. Gurh, District Rewa has been upheld as a consequence thereof the order dated 14.8.2013 passed by the Tahsildar, Gurh by which Khasra No.294/1 area 0.125 hectares and Khasra No.295/1 area 0.032 hectares of land was directed to be recorded as Abadi land has been set aside.

2. It is the case of the petitioner that the petitioner moved an application before the Tahsildar under section 109, 110/190 of the Code for recording the aforesaid land as Abadi land for the reason that the house of the petitioner is situated on the said land. The application was allowed by the Tahsildar vide order dated 14.8.2014. Before allowing the application, a spot inspection report was obtained by the Tahsildar. In the spot inspection it was found that the house of the petitioner is situated over Araji No.294/1 and 295/1. Against the order of Tahsildar the respondent no.1 preferred an appeal before the S.D.O. on the ground that she has purchased the said land from respondent no.2 by registered sale-deed dated 17.7.2013. The S.D.O. allowed the appeal by order dated 19.2.2015 mainly on the ground that the order was passed by Tahsildar without issuing any notice to the respondent no.1 as well as that there is an interpolation in the spot inspection report.

3. Being aggrieved by the order passed by the S.D.O. Gurh, District Rewa, the petitioner preferred an appeal before the Addl. Commissioner, Rewa Division Rewa which was allowed by order dated 6.7.2018 and it was held that there is a dispute between the parties with regard to possession. In order to avoid any dispute in future, the Tahsildar has directed to record the name of the petitioner as person in possession. In the spot inspection report the Patwari has specifically given a finding that the petitioner is in possession of the land since last 30 years. Any-one who is in possession of Abadi land for the last 100 years cannot be dispossessed. The property in dispute is Abadi/Nistar land and the petitioner is residing for the last 100 years after constructing a house of 10 rooms.

4. Being aggrieved by the order passed by the Addl. Commissioner, Rewa Division Rewa, the respondent no.1 preferred a revision before the Board of Revenue which has been allowed by the impugned order dated 25.9.2019.

5. Challenging the orders passed by the Tribunals below, it is submitted by counsel for the petitioner that since the petitioner is in possession of the land in dispute for the last more than 30 years, therefore, the Tahsildar has rightly recorded the name of the petitioner as a person in possession and the land had rightly recorded as Abadi land.

6. Heard the learned counsel for the parties.

7. It appears that the petitioner had moved an application for recording of his name in the revenue records on the ground that he is in possession of the property in dispute for the last several years and is residing there af