BEGAM SURAIYA RASHID Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) LEAVE granted.

(2.) THE facts of this case revolves as to how the appellants clandestinely and by suppressing the facts tried to grasp the public land measuring 59.17 acres in Khasra Nos. 943, 960, 961, 962 of Jahangirabad (Jail Bag) area of Bhopal city under the guise of order dated 2.3.1954 passed by the Jagir Commissioner in respect of land in Khasra Nos. 72/1, 73, 74, 75, 76 in village Dharampuri.

(3.) THEREAFTER, a proceeding under Section 248 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code') was initiated for eviction of the appellants in 1981. It was held that the appellants were the trespassers and order of eviction was passed by the Tahsildar on 16.9.1981. The Tashildar's order was challenged before the SDO which was dismissed on 19.3.1985. SDO's order was challenged before the Commissioner in second appeal and the same was dismissed by the Commissioner on 29.6.1989. The order of the Commissioner was challenged by filing M.P. No. 3978 of 1991, which was dismissed as withdrawn on 25.4.1998. Thereafter, the Commissioner's order was assailed before the Revenue Minister and he directed an enquiry in the matter and the said order was set-aside by the Government by its order dated 1.11.1991 on the ground that the Revenue Minister had no jurisdiction to pass such an order. This would show that the order of eviction passed by the Tahsildar on 16.9.1981 attained its finality.