RAI SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) Petitioner is Kotwar by profession and claims to be in possession of certain agricultural land which was given to their ancestors much prior to coming into force of the M.P. Land Revenue Code, 1950 (hereinafter referred to as 'Code'). It is submitted that the settlement process was conducted sometimes in the year 1931, the then Zamindars/Malgujars of the land gave the land of the ancestors of the petitioner as they were working as Kotwars and since then the petitioner is in possession of the land in question.

(2.) Interalia contending that certain circulars have been issued by the State Government whereby persons like the petitioner have been treated to be entitled to Bhumiswami rights over the land and the Chhattisgarh High Court under similar circumstances has granted relief to persons similarly situated, whereas benefit of declaration as Bhumiswami for the land in question is denied to the petitioner, this writ petition is filed.

(3.) In sum and substance, it is the case of the petitioner that as the land in question was given to him by the Malgujars, much before coming into force of the Code, by virtue of the policies and circulars applicable in the matter as issued by the State Government from time to time and crystallized into various circulars filed as Annexures P/2 to P/5, it is stated that the petitioner is entitled to the benefit and as the same is not extended to him, he is before this Court.