RAM BHAROSI SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner who was owner of certain land in Survey No. 3056/30, Village Gohad, moved an application for exchange of his land with land bearing Survey No. 911. The reason for making such an application was sentimental values attached to the said land by the petitioner, because his father was cremated in the said land. The petitioner moved an application before the Commissioner, Gwalior Division, Gwalior who vide Annexure P-6 dated 17-12-1990 directed the petitioner to make proper application before the Collector, Bhind. Accordingly the application was made and Collector directed SDO to conduct enquiry and submit his report, accordingly, the report was submitted by the SDO and on the basis of the same vide order dated 2-9-1991 Annexure P-3 exchange of land was permitted subject to the condition that petitioner deposits difference of value, accordingly, an amount of Rs. 12,500. 00 was deposited by the petitioner on 26-10-1992 and the land in question was entered in the name of the petitioner, since then petitioner is in possession of the said land.

(2.) AFTER a lapse of 7 years vide Annexure P-1 a show cause in exercise of power of suo motu revision under Section 50 of the M. F. Land Revenue Code, 1959 was issued to the petitioner by the Commissioner, Chambal Division, Gwalior, petitioner submitted his objection and thereafter filed the instant petition for quashing suo motu revision initiated by the respondent-Commissioner.

(3.) THE State has filed its return and it is averred in the said return that petition is not maintainable as the same is only against the show-cause notice and the petitioner should be directed to file his reply to the show-cause notice and he has a right to challenge the final order that may be passed by the Commissioner. It is further submitted that there were complaints to the effect that Collector in the case transferred the temple land accordingly letter Annexure R-4 dated 27-7-1998 was issued to the Commissioner directing him to exercise his power suo motu revision in the matter.