GHANSHYAM Vs. PUSHPA DEVI

JUDGEMENT

(1.) This petition has been filed by the petitioner - Ghanshyam Yadav under Article 227 of the Constitution of India against the order dated 20.11.2008 passed by the Board of Revenue, Gwalior (M.P.) whereby the order passed by the Additional Commissioner, Sagar dated 30.09.2005 has been set aside and the order dated 11.11.2002 passed by the Collector, Chhatarpur has been affirmed.

(2.) The case of the petitioner is that he is a resident of village Kodan, Tehsil Bijawar, District Chhatarpur and is in possession of a land ad-measuring 1.797 hectares bearing Survey Nos.101, 2104, 109, 111, 110/2 for the last more than 30 years and carrying on the agricultural activities over the said land.

(3.) The case of the petitioner is that by the order passed by the Naib Tehsildar, Bijawar dated 11.09.1973, a temporary lease of the aforesaid land was granted to Shri Vijay Raghav Sharan Nigam, the father-in-law of the respondent No.2 and after his death the said land stood transferred to his son Ram Janki Lal Nigam. After the death of Ram Janki Lal Nigam, the land was not transferred to his wife Pushpa Devi, the respondent no.1 herein. It is further the case of the petitioner that Late Ram Janki Lal Nigam was the Revenue Inspector of the said area and he transferred the aforesaid property fraudulently in favour of his father Shri Vijay Raghav Sharan Nigam. It is further stated that in the year 1995 one Shri Gore Lal Lodhi R/o Gram Pagara filed a complaint to the Collector, Chhatarpur for allotting the aforesaid land in his name and on receiving such complaint the Naib Tehsilda submitted his report and on the basis of aforesaid report the Collector Chhatarpur, vide his order dated 27.06.1995 directed that the aforesaid land be registered as Government land. Being aggrieved of the aforesaid order, the respondent No.1 filed an application stating that Shri Gore Lal Lodhi and the petitioner are trying to encroach upon the aforesaid land, hence she may be given possession of the aforesaid land. On this application, the Tehsildar submitted his report on 07.10.1998 stating that the disputed land was given to one Shri Vijay Raghav Sharan Nigam and after his death it stood transferred in the name of his son Ram Janki Lal Nigam but after the death of Ram Janki Lal Nigam, it could not be transferred to any of his predecessors, namely, his wife, son or daughter and on receiving the complaint the Collector by order dated 27.06.1995 directed the said land to be registered as the Government land. Thereafter, the Collector, Chhatarpur by order dated 27.03.1999 directed to register the said land in favour of the respondent No.1.