RAMESH CHANDRA SHARMA Vs. TRUST MOORTHI MANDIR

JUDGEMENT

(1.) In this review petition, the petitioner has prayed for review of the order dated 09.07.2012 passed in W.P. No. 7464/2011 on the singular ground that as per section 165(7) of Mahdhya Pradesh Land Revenue Code, it is clear that where the land comprises in a holding or more than one holdings is in excess of 5 acres of irrigated land or 10 acres of un-irrigated land, then only the provision aforesaid can be made applicable.

(2.) Shri Singal, learned counsel for the petitioner, submits that even if the argument of the other side is accepted, it is not clear that the land with the petitioner is more than 5 acres. He prayed for reviewing of the order only to the extent so that the matter may be remitted back before the court below for determination of this factual aspect.

(3.) Shri Vivek Mishra, learned counsel for the respondent, opposed the same and submits that in writ petition the petitioner has artistically stated only about survey No. 181, whereas petitioner has other holdings/land which is apparent from the khasra entries/revenue record. He placed heavy reliance on the revenue record along with an application filed in the writ proceedings I.A. No. 1037/2012. By relying on khasra entries (Page 8), it is stated that it is apparent that the petitioner has some share in the lands of khasra Nos. 114, 117 and 149. He submits that if the entire holding/land is taken into account, this will be more than 5 acres. He submits that petitioner has not disclosed and deliberately suppressed about these lands on which he has a right.