RAMSWAROOP MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. Order dated 7-8-2013 passed by Board of Revenue is being questioned vide this petition, which though captioned as petition under Article 226 of the Constitution of India, but in substance, as evident from the nature of relief, is a petition under Article 227 of the Constitution of India.

(2.) The controversy, relates back to year 1973 when a consolidation proceedings were initiated in village Chirpura, District Tikamgarh wherein land bearing Khasra Nos. 80, 22, 551, 558, 70, 13, 17, 565, 10 and 19 area 5.05 acre belonging to the petitioner was taken up under the scheme by order dated 20-8-1973 passed by Collector Tikamgarh in Case No. . Revision preferred by one of the villagers before the Board of Revenue against, the order dated 20-8-1973 was dismissed on 25-11-1975 being time barred. Subsequently complaints were received from the villagers against consolidation proceedings and since the proceedings were not finalised Collector Tikamgarh after seeking leave from Board of Revenue reviewed its order dated 20-8-1973 by recalling it by his order dated 11-1-1988. The order was upheld by the Commissioner, Settlement Madhya Pradesh by order dated 8-4-2010.

(3.) Commissioner, Settlement negatived the claim of the petitioner that under consolidation, the petitioner has been given the possession of village 'Gochar Land'. The Commissioner, Settlement found the petitioner encroaching Gochhar Land under the garb of consolidation/settlement. Commissioner Settlement also upheld the procedure adhered to by the Collector in recalling the order dated 20-8-1973. In its order Commissioner Settlement held: