CHANDRA SHEKHAR BHAGORYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing.

(2.) The learned Single Judge has taken note of the declaration in para 4 of the petition, regarding delay and then noted that the order-sheet of the Commissioner reveals that the matter was earlier listed on 6-02-2018 and was kept for hearing on 22-02-2018, on which date it was heard primarily on the question of maintainability, as certified copy of the order under challenge was not filed by the appellant. As per order-sheets, both the orders dated 6-02-2018 ad 22-02-2018 were noted down by the counsel appearing for the appellant. Therefore, the petitioner has made a wrong statement in respect of the information about the dismissal of the appeal stating that the same was not given by the Office of the Commissioner and he was wrongly informed that the appeal was pending.

(3.) Learned counsel for the appellant put forth that the Sarpanch of the Gram Panchayat, Sonasawri, Tehsil - Itarsi, District Hoshangabad, submitted a proposal before the respondent No.5, Tehsildar, Itarsi for declaring the government land 'Rasta', Khasra No.118, Area, 0.020 hectare for 'Abadi', and the respondent No.5 took cognizance and registered the case as Revenue Case No.193/B-121/2016-17 and sent the proposal to the respondent No.4, Sub-Divisional Officer (Revenue), Itarsi District Hoshangabad for declaration of the land in question as 'Abadi' land and the respondent No.4 in his turn, sent the proposal to the respondent No.3, the Collector, Hoshangabad. Thereafter, the Additional Collector on the basis of the said proposal registered the case as Revenue Case No.42-A/59/2016-17 declared the aforesaid land as 'Abadi' land, vide order dated 03-6-2017.