OMPRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In these two second appeals preferred by the plaintiffs, the following two substantial questions of law have been formulated for determination: -

(2.) In the era of pre-independence, the town of Dharamjaigarh was within the Udaipur State and before merger of the States into the Union of India, a Sanitation Committee was constituted by the Udaipur State for taking care of the lands by way of management and it was empowered to manage the lands situated in the said town. The order of the Sanitation Committee was binding to the State also by virtue of Sec. 11 of the States Administration Order, 1947.

(3.) It is the case of the original plaintiff Banwarilal, who died on 8-11- 1988 after filing of suit, that in the town of Dharamjaigarh, suit plot Nos.315/1, 460/1 & 461/3 being Chabutara Nos.4 & 5 were allotted to him by the Sanitation Committee of Dharamjaigarh on payment of nazrana of Rs.500.00 on 27/12/1947 and patta was issued on 16-1- 1948 vide Ex.P-1C and he obtained possession on that day and constructed Chabutara and house thereon and is continuing in possession. Thereafter, the Nazul Officer, Dharamjaigarh by order dtd. 28/8/1964 submitted a proposal to the Collector for settling the land in his favour by fixing annual rent of Rs.60.00 which was refused by the Collector, Raigarh, to grant patta in favour of the plaintiff and which was challenged by the plaintiff before the Commissioner, Bilaspur in which he remained unsuccessful and in further appeal to the Board of Revenue by the plaintiff, the Board of Revenue, Gwalior, allowed the appeal and the case was remanded to the Sub-Divisional Officer, Dharamjaigarh directing him to decide the plaintiff's case afresh. This time, the Sub-Divisional Officer, Dharamjaigarh considered the case of the plaintiff and fixed Rs.60.00 as annual rent towards Chabutara Nos.4 & 5, but denied the grant of patta which the plaintiff challenged in appeal before the Collector, Raigarh, but the Collector dismissed it by order dtd. 26/12/1973 and in further appeal, the Commissioner, Bilaspur on 11/11/1975 allowed the plaintiff's entitlement against house and Chabutara Nos.4 & 5 and the plaintiff thereafter, also paid tax for the years 1947 to 1973 vide challan No.14/7 and also for 1973-74 and 1974- 75 on 13/6/1975 vide challan No.50/1, but thereafter, the Additional Commissioner, Bilaspur initiated suo motu revision against the plaintiff and registered case on 13/1/1977 and held that the plaintiff is not entitled for the said Chabutara Nos.4 & 5 and rejected his claim vide Ex.P-13, and warrant of eviction was issued against the plaintiff for removing encroachment which necessitated the plaintiff to file the instant civil suit for declaring that the plaintiff is in possession prior to 3rd of April, 1950 and therefore by virtue of the proviso to Sec. 248(1) of the Chhattisgarh Land Revenue Code, 1959, (for short, 'the Code') encroachment proceedings are not maintainable. The plaintiff also pleaded that the earlier proceeding initiated on 2/11/1964 has already been closed, therefore he cannot be evicted from the suit premises which the defendants opposed by filing written statement and stating that the Sanitation Committee had no power to allot land to the plaintiff and the suit is time barred and the plaintiff is not entitled for any relief.