NIRMAL KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is filed by the petitioner under Article 227 of the Constitution of India challenging order dated 28.12.2004 passed by Additional Commissioner, Gwalior in Revision No. 1/2003-2004 whereby the Commissioner has confirmed the order passed by the Collector in Case No. 7/2000-2001.

(2.) THE brief facts of the case are that the land having an area of 0.251 hectares is in possession of the petitioner. Said land was settled in the name of the petitioner. Petitioner was in possession of the said land since 1984 in pursuance of the provision of M.P. Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhal Rahit Bhumi Par Bhumiswami Adhikaro Ka Pradan Kiya Jana (Visesh Upbandh) Adhiniyam, 1984. The order of settlement was taken up in suo moto powers of revision by the Collector. The Collector found that the petitioner was not in possession since 1984. But he for the first time entered into the possession in the year 1989-90. There is no document on record to show that the petitioner was in possession prior to the year 1984. As per the Patwari report also the petitioner, for the first time entered into the possession of the land in the year 1989-1990. The procedure for the allotment of the land was not followed and no recommendations were called from the village Panchayat before the allotment of the land. It is also found that the petitioner and his family members are having more than 5.12 hectares of the land and they cannot be said to be landless persons. In view of this fact the order for allotment was reviewed in exercise of suo moto revisional powers.

(3.) AFTER perusing the judgment of the apex Court in case of P. Raghav (supra) it is clear that the apex Court has laid down that normally suo moto revisional powers should be exercised within a period of six months, however, the apex Court has also held that what is a reasonable time depends upon the facts and circumstances of each case. Therefore, this Court has to decide whether the powers exercised by the Collector are within the reasonable time or not?