MOOLCHAND AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners claim 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 stated that in the settlement process that was conducted sometime in the year 1923-1924, the then Zamindars / Malgujars of the land gave the land to the ancestors of the petitioners, as they were working as Kotwars and since then the petitioners are in possession of the land in question.

(2.) Interalia contending that certain circulars have been issued by the State Government whereby persons like the petitioners 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 petitioners, this writ petition is filed.

(3.) In sum and substance, it is the case of the petitioners that as the land in question was given to them by the Malgujars, much before the 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 Annexure P/5 dated 3.3.2010, it is stated that the petitioners are entitled to the benefit and as the same is not extended to them, they are before this Court.