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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
HEARD & RESERVED ON THE 9th OF MAY, 2022
DELIVERED ON THE 15 th OF JUNE, 2022
WRIT APPEAL No. 200 of 2021
Between:-
GARVIT KHANDELWAL S/O SHRI
GOVIND KHANDELWAL, AGED ABOUT
32 YEARS, R/O NALKHEDA, DISTRICT-
AGAR MALWA, PERMANENT ADRESS-
254, ALOK NAGAR INDORE (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI GIRISH KUMAR PURWAR )
AND
1.
STATE
OF
MADHYA
PRADESH
THROUGH COLLECTOR, DISTRICT
AGAR MALWA, DISTRICT AGAR
MALWA, M.P.
2.
TEHSILDAR, NALKHEDA, TEHSIL
OFFICE NALKHEDA DIST AGAR
MALWA (MADHYA PRADESH)
3.
SUB DIVISIONAL OFFICER SUSNER
NALKHEDA DIST AGAR MALWA
(MADHYA PRADESH)
4. COMMISSIONER
UJJAIN
CIRCLE
(MADHYA PRADESH)
.....RESPONDENTS
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(BY SHRI VAIBHAV BHAGWAT, ADVOCATE)
This appeal coming on for order this day, JUSTICE VIVEK
RUSIA passed the following:
ORDER
The appellant has filed this Writ Appeal being aggrieved by
the order dated 05.06.2020 whereby Writ Petition No.2191/2020
has been dismissed in limine by the Writ Court without notice to the
respondents.
The facts of the case in short are as under:
1.
The appellant submitted an application before the Tehsildar
on 18.05.2017 seeking correction of the land record that land use of
the remaining land area of 0.134 hectares of survey No.219/2 be
recorded for residential purposes. According to the appellant her
grandmother Smt.Kalawati Devi had sold her agricultural land
(total area of 0.125 hectares) to eight persons thereafter she had also
sold part of the land for other than agriculture purposes to five
persons (a total area of 0.0454 hectares). Although along with the
aforesaid application, no sale deeds were annexed, and no other
details were disclosed in it. The aforesaid application has been filed
by the appellant through his power of attorney holder, the contents
of the application are very vague in nature, even then the Tehsildar
has entertained the application and obtained a report from Patwari
but dismissed the application that the land being a diverted land to
other than agriculture purpose, revenue authority under M.P. Land
Revenue Code, 1959 is Tehsildar does not have jurisdiction to
grant any relief.
2.
Being aggrieved by the aforesaid order, the petitioner
preferred an appeal before the Sub Divisional Officer Susner-
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Nalkheda, Agar Malwa, which has also been dismissed vide order
dated 30.05.2018. Thereafter, he approached the Court of
Additional Commissioner by way of an application under Section
44(2) of M.P. Land Revenue Code, 1959 that too has been
dismissed vide order dated 14.11.2018. Being aggrieved by the
order of the Additional Commissioner, a review petition was filed
that has been dismissed vide order dated 08.01.2019 and thereafter,
a writ petition has been filed.
3.
Vide order dated 05.06.2020, the Writ Court has dismissed
the Writ Petition solely on the ground that the land in question had
already been diverted, therefore revenue authorities lack jurisdiction
to correct the revenue entries in respect of diverted land, hence, this
writ appeal before this Court.
4.
The respondents were called upon to file a reply to clarify the
legal position in this matter. The respondents have filed a brief reply
by submitting that the appellant filed the application before the
Tehsildar without the necessary documents. It is further submitted
that the actual owner of the land Kalawati Devi, never applied for
correction of record after selling the agricultural land to 13
different people. Jurisdiction is vested with Sub Divisional Officer
for correction of land records before whom no application has been
filed, hence no interference id call for writ appeal is liable to be
dismissed.
We have heard learned counsel for the parties.
5.
All the Revenue Authorities have dismissed the application
inter -alia on the groun
