KEDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER is aggrieved by the order passed by the Commissioner, Chambal Division, in suo motu Revision No. 579/95-96, decided on 30-1-1997 and the order of the State Government in Revision No. 1-62/97/revision, decided on 17-6-1997.

(2.) PETITIONER has applied for allotment of a land under the provisions of Revenue Book Circular. Petitioner in his application has mentioned that the land is recorded as 'kadeem'. Petitioner is cultivating the land, therefore, lease of the land should be granted in his favour. After Notification, the Patwari entered the witness box and deposed that the land is recorded as 'beehad'. On the finding that the land is recorded as 'beehad' Tehsildar, Morena directed grant of lease of the land in favour of petitioner, holding therein that for allotment of 'beehad' land, there is no reservation for any caste. The applicant should not possess more than 12 hectare land after the allotment; the petitioner falls in that category. 'beehad' is less than two meters deep. Therefore, 'beehad' land bearing survey No. 1058 having an area of 1. 965 hectare was allotted in favour of petitioner.

(3.) REVENUE Book Circular, Part Four Chapter 3-A is introduced for allotment of 'beehad' land. 'beehad' land is allotted to those persons whose agricultural lands are adjacent to 'beehad'. If the 'beehad' land is not adjacent to agricultural land then it can be allotted to member of Scheduled Castes, Scheduled Tribes, ex-soldier and to any person who has financial capacity for erecting dam and to control erosion of soil. It also provides that if the land is allotted to the person, other than member of Scheduled Castes or Scheduled Tribes, he shall pay premium at the rate of Rs. 1000/- per hectare and the lease shall be executed after the amount of premium is paid.