VIJAY MITTAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This order passed in this petition shall also govern the disposal of connected Writ Petition No. 13252/2010, Smt. Radha Devi vs. State of M.P. and others.

(2.) It is the further case of the petitioner that against the order of Collector dated 28-1-2000 (Annexure-P/1) said Radha Devi filed an appeal by labelling it under section 44 of M.P. Land Revenue Code, 1959 (in short "Code") before the Commissioner, Jabalpur Division although it ought to have been filed under Part IV Chapter-3 Clause 30 of the RBC. The Additional Commissioner registered the appeal as Case No. 313/A-25/1999-2000. Vide order dated 16-8-2000 (Annexure-P/2 the Additional Commissioner allowed the appeal of Radha Devi and granted approval to exchange of land with respect to 1.490 hectare out of total government land 1.692 hectare holding that adjoining to the government land, the agricultural lands of husband of Radha Devi and other relatives are situated and the exchange shall be beneficial for both the parties and further said exchange is permissible under the law. Eventually, the Additional Commissioner directed Radha Devi to deposit an amount of Rs. 2.78 lakh being the difference in price of the land whereupon only the exchange was given effect to and it was directed to Radha Devi to use exchanged land for agricultural purpose.

(3.) Further it has been averred by the petitioner that some proceedings were initiated by the Commissioner Jabalpur for taking up the order dated 16-8-2000 (Annexure-P/2) passed by the Additional Commissioner in suo motu revision and registered a Revenue Case No. 8/A-25/2000-01. In those proceedings an order was passed on 22-10-2001 deciding to seek permission from the Board of Revenue to review the order dated 16-8-2000. Eventually, on 31-10-2001 the matter was forwarded to Board of Revenue by the Commissioner. Said Radha Devi being aggrieved by the said order dated 22-10-2001 also preferred an appeal before the Board of Revenue. The Board of Revenue took up both the matters together and vide order dated 31-5-2002 (Annexure-P/3) declined to review the matter under section 51 of the Code and further held that order dated 16-8-2000 (Annexure-P/2) passed by the Additional Commissioner has been rightly passed and the said order was affirmed with a further direction that the said order of Additional Commissioner be complied with within one month by Collector Katni positively. Thereafter Radha Devi deposited the amount of difference of the price of the land and government land was given to her in exchange and her land of which she was Bhumiswami was taken in the custody by the Government. Eventually her name was also mutated as Bhumiswami in Khasra No. 51/5 and 51/21 area 1.490 hectare. Khasra Panchshala of the year 2002-03 has been filed as Annexure-P/4. The land was also demarcated by the Tehsildar Nazul Katni in Case No. 1/A-12/2002-2003 vide its order dated 10-12-2003. The present petitioner Vinay Kumar Mittal thereafter vide registered sale-deed dated 1-8-2003 purchased the agricultural land of Radha Devi area 0.592 hectare of land out of Khasra No. 51/5(Cha) and 51/21 (Gha) from Smt. Radha Devi for a consideration of Rs. 6 lakh and the name of petitioner was recorded in Khasra Panchshala in the year 2003 (Annexure-P/5).