RAMRATI Vs. STATE OF M P

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner has filed this petition against the order dated 12.7.2012 (Annexure P/1) passed by the Collector in suo motu revision.

(3.) THE Collector had taken cognizance under suo motu revision in exercise of powers conferred to him under section 50 of the M.P. Land Revenue Code, 1959. against the order dated 8.4.2005. by which the land was settled in favour of Ramlakhan and Hakim Singh Gurjar. Earlier a show cause notice was issued to the aforesaid persons. The aforesaid persons refused to take notice, hence, the Collector passed the order. It is mentioned by the Collector that in passing the order of settlement, no proclamation was issued neither survey numbers were mentioned in the proclamation. There was no report that the proclamation was affixed in the office of Tahsildar. It is further mentioned by the Collector that the persons Ramlakhan and Hakim Singh Gurjar in oral evidence deposed that they had been doing agriculture over the land for the last 10 -15 years, however, in support of this contention, no documentary evidence even the khasra entries were produced before the authority. The Collector further observed that the Additional Tahsildar did not inspect the spot, which was necessary for settlement of land neither there was proof of possession of the persons over the land. Settlement of land was contrary to the directions issued by the Government.