LAWS(MPH)-2015-1-142

NITYANAND PANDE Vs. SPECIAL POLICE ESTABLISHMENT LOKAYUKT

Decided On January 07, 2015
Nityanand Pande Appellant
V/S
SPECIAL POLICE ESTABLISHMENT LOKAYUKT Respondents

JUDGEMENT

(1.) They are heard.

(2.) THIS order shall govern the disposal of M.Cr.C. No. 7970/2014, M.Cr.C. No. 7973/14, M.Cr.C. No. 7975/14, M.Cr.C. No. 7976/14, M.Cr.C. No. 7980/14, M.Cr.C. No. 7981/14, M.Cr.C. No. 7982/14, M.Cr.C. No. 7989/14, M.Cr.C. No. 7992/14, M.Cr.C. No. 7994/14, M.Cr.C. No. 7995/14, M.Cr.C. No. 7999/14, M.Cr.C. No. 8123/14, M.Cr.C. No. 8124/14, M.Cr.C. No. 8126/14, and M.Cr.C. No. 8135/14 as the common questions are involved in all the matters they are heard together and are being decided by this common order. For the purpose of this order, the facts are taken from M.Cr.C. No. 7970/2014.

(3.) BRIEF facts of the case are that at the relevant point of time the applicant was posted as Tehsiladar in Tehsil and District Ujjain. One Indesha son of Kunwarji filed an application for mutation of his name and declaring him as Bhumiswami. The said case was registered vide Revenue Case No. 85/A6/0607. The applicant considering the fact that Indesha son of Kunwarji Mali is in possession of Survey No. 1236, area 2.81 Hectare of Patwari Halka No. 29 of Village Tajpur, Tehsil and District Ujjain whereas registered Bhumiswami is Iqbal, he orally handed over the possession of the aforesaid land to Indesha and he is allowed to retain the land for a period executing one year during consecutive three years, therefore, by reasons of provisions of 169 of M.P. Land Revenue Code, 1959(In short "M.P.L.R.C.") the lessee had acquired the right of Bhumiswami and allowed the application for mutation and directed the Patwari to mutate the name of Indesha Mali.