KRIPA TORI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners have filed this petition under Article 226/227 of Constitution of India being aggrieved by the order dated 15.3.2011 (Ann. P.5) passed by the respondent No.3/ Board of Revenue Gwalior in suo motu review case No. 618/PBR/2010 registered under Section 51 of M. P. Land Revenue Code (In short "the Code") to review the earlier order dated 16.4.2007 (Ann. P.2) passed in appeal No.412/PBR/2006, whereby allowing such suo -motu review the aforesaid earlier order dated 16.4.2007 (Ann.P.2), affirming the order dated 17.11.2005 passed by the Additional Commissioner in Appeal No.39/Appeal/2004 -05 affirming the order dated 9.8.2004 (Ann. P.1) passed by the Collector in suo motu initiated Revenue Revision No.4 -A/6/95 -96 declaring the concerned document of title of the petitioners to be illegal and ab -initiated void and setting aside the mutation order dated 22.7.1995 passed by the Nazul Officer/ S. D. O. directing the mutation of the petitioners and respondent No.4 to 6 on the respective part of the land in the revenue record has been recalled and set aside and pursuant to it by deciding the said appeal afresh the aforesaid order of Additional Commissioner and Collector, setting aside the aforesaid mutation order of Nazul Officer dated 22.7.1995 have been affirmed and by declaring the aforesaid land to be the Government land the Revenue Authorities have been directed to amend and modify the revenue record accordingly.

(2.) THE petitioners have filed this petition contending that the land of Nazul Sheet No.20 Plot No.14/2, area measuring 3,15,265 sq. ft (7.42 acres), situated in Pachmarhi initially belonged to Mr. Hanary John Hands, who on his turn sold the same to Cosmo & Antio Justiniano Rodriguez in the year 1945. Thereafter the same was purchased by Mr. Denish Tori from Victor Rodriguez through registered sale deed dated 7.11.1977.

(3.) BESIDES this, the other land situated at Pachmarhi bearing Sheet No.23, Plot No.1/2 (although this is not the subject matter of this petition), was initially belonged to W. Liversay, who on his turn sold the same to his highness Maharaja Sir Brijnath Singh vide registered sale deed dated 11.11.1949. Thereafter, in the year 1970 Denish Tori had purchased such property from her highness Rajmata (Junior) Tejkumar and her son Rajkumar Narayan Singh through sale deed dated 7.10.1970.