JAFAR ULLA KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, petitioner has questioned legality, validity and propriety of impugned order passed by Board of Revenue dated 30/12/2013 affirming the order dated 07/05/2003 in appeal No. 192/2001 -02 by Additional Commissioner, Bhopal and Hoshangabad Division, Bhopal which restored the order of Tahsildar dated 11/06/2001 setting aside order of SDO dated 212/01/2002.

(2.) FACTS necessary for disposal of this petition in nutshell are to the effect that the applicants/respondents No. 2 to 8 before the Tahsildar have filed an application under sections 32 and 190/110 of the Madhya Pradesh Land Revenue Code, 1959 in relation to land in question admeasuring 1.024 hectare falling in survey Nos. 2512, 2518 and 2523 situated in Sironj, District Vidisha (hereinafter referred to as 'the suit land') inter alia contending that the same has been given on oral patta to them by its original owner, Khatoon Bi D/o Abdul Ghani on a condition of payment of annual lagan. As such, they have claimed to be in possession over the suit land for more than 60 years doing cultivation and harvesting crops. On the strength of the aforesaid oral patta, the applicants sought for mutation of their names in the revenue record. The application was registered as case Nos. 27/A -6/2000 -2001 & 2/A -46/2000 -2001 by the Tahsildar, Tahsil Sironj, District Vidisha. During pendency of these proceedings, order No. F/22/110/84/28 dt. 04/12/2000 issued by the Rehabilitation Department, State of Madhya Pradesh and followed by another order dated 14/05/2011 bearing No. F/22 -110/84/24 have been received by the aforesaid authority.

(3.) ON appeal before the Sub Divisional Officer, order of Tahsildar was set aside by an order dated 21/01/2002 with a direction to afford opportunity of hearing to the applicants/appellants therein and also after assessing market value of the suit land, on the basis of cubit meter instead of hectare, matter be decided on merits.