ASHOK KONDUSINGH RATHOD Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) Heard Mr. Chawhan, learned counsel for the petitioner..

(2.) It is contended that the land in question was allotted to the petitioner by the Tahsildar, Barshi Takli under the G-Form (pg.29) in Bhoomiswami right. On a complaint by the respondent no.5, the G-Form has been cancelled by the SDO and an enquiry has been directed to verify the claim of the respondent no.5 that he is the owner of the land, which is the subject matter of the G-form. At the same time, the order dtd. 18/5/2022 by the SDO directs removal of the petitioner from the land which is the subject matter of the G-form, by exercise of power under Sec. 50 of the MLR Code. Mr. Chawhan, learned cousnel for the petitioner contends that the if the G-form is cancelled on the ground that the property does not belong to the State then power under Sec. 50 of the MLR Code could not have been exercised and the order dtd. 18/5/2022 by the learned SDO (pg.40), therefore would be without jurisdiction altogether. It is also contended that since an enquiry has been directed to identify the ownership of the land in question, the removal of the petitioner therefrom could not have been ordered without the completion of the enquiry. He therefore submits that both the learned Court below have merely erred in appreciating this position by rejecting the application Exh. 5 by the order dtd. 27/3/2023 (135) and the appeal there against by the judgment dtd. 8/5/23.

(3.) Prima facie it appears that contrary stands have been taken by the learned SDO in the order dtd. 18/5/22 (38) considering which issue notice for final disposal, returnable on 3/7/2023.