RAMSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This litigation has come for the second time to this Court. Earlier on 5th of March, 1980, this Court on the basis of consensual submissions made by the parties remanded the case to the Additional District Judge. He was to determine whether the disputed structures were in existence prior to 15th of August, 1950 or not. It was submitted before this Court that Tahsildar had no jurisdiction to initiate proceedings with regard to encroachments made by raising construction on the disputed land (in the Madhya Bharat Region) before the 15th day of August, 1950 by resorting to S.248(1)(ii) of the M. P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code'). It was contended that all these provisions have not been properly appreciated. It was further contended that the entries in Zild Bandobast Samvat 1996 were also not given due consideration and, therefore, this question required to be remanded back. The Court observed as under:-

(2.) After remand, the Additional District Judge has again recorded a finding that the Dharmashala was not in existence on 15th of August, 1950 and it was raised after the Abolition Act and therefore, action in accordance with law was taken under S.284(1) of the Code.

(3.) Before adverting to notice the submissions made now, the facts in brief may be noticed.