PHOOLCHAND Vs. STATE OF MP

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.) UNDER similar circumstances, writ petition was filed before this Court being Writ Petition No.939/2009 (Shankarlal and others Vs. Collector, District Narsinghpur and others), and this petition was disposed of on 17.1.2013. In the reply filed in the said writ petition, the State Government has admitted issuance of the circular dated 3.3.2003 by the Revenue Department and it is said that based on certain declaration made by the Chief Minister a policy decision has been taken by the State Government with regard to grant of Bhumiswami rights to the Kotwars. In the return filed in the case of Shankarlal (supra), it was further pointed out that if the Village Kotwar has been granted the benefit of allotment of land by the Malgujars then such cases are to be examined and if a right has accrued to them before coming into force of the MP Land Revenue Code, it is stated that they are entitled to certain benefits.