SHEELA Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD . This petition has been filed by the petitioners against the order dated 27-11-2012 (Annexure P-1) passed by the Collector. By the aforesaid order, the Collector after taking the matter in suo motu revision cancelled the patta granted in favour of the petitioners.

(2.) THE petitioners pleaded that they were landless persons and they belong to Scheduled Caste. On their application, Naib Tahsildar granted patta in favour of each petitioners on 31-12-2002. Subsequently, some persons filed appeal against the aforesaid order and that appeal was dismissed. A copy of the order dated 30-06-2005 passed by the Sub Divisional Officer has been filed as Annexure P-6. Thereafter, a revision was filed before the Additional Commissioner, that has also been dismissed vide order dated 05-01-2011. In the aforesaid order, the Additional Commissioner observed that the lease holder persons were not the residents of same village and they are residents of another village and this fact can be a matter of another proceeding and the Sub Divisional Officer can submit proposal to the Collector to take the matter in suo motu revision. Thereafter, the Sub Divisional Officer conducted the enquiry and submitted report to the Collector. The Collector had taken the matter in suo motu revision. It is mentioned in the order that show cause notices were issued to the petitioners. On behalf of the petitioners Advocate Shri Rajendra Nigam appeared but he did not file any reply. The Sub Divisional Officer observed in the order that the Naib Tahsildar did not follow the procedure prescribed in regard to allotment of land and he had not recorded the fact that whether the petitioners were landless persons, neither any proclamation was issued and the pattas were granted.

(3.) THE respondents in the reply have pleaded that after enquiry the Sub Divisional Officer found that there were illegalities in allotment of land to the petitioners and other persons and he submitted the report to the Collector. Copy of the enquiry report dated 31-03-2012 has been filed as Annexure R-1. Thereafter, the Collector had taken the matter in suo motu revision. It is mentioned in the enquiry report that over the land of the petitioners, other person namely Balveer S/o Sujan Singh Dhakad is ploughing the land.