GURUMUKH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the petitioner, who is an Ex -Army Personnel has assailed the validity of the order dated 4.1.2012 passed by the Collector, by which the application filed by the petitioner for allotment of the land, has been rejected. In order to appreciate the petitioner's grievance, few facts need mention, which are stated infra.

(2.) The petitioner is an Ex -Army Personnel, who retired in the year 1991 after rendering 28 years of service. The petitioner submitted an application on 7.7.2005 before the Collector for allotment of grass lands for the purpose of cultivation, situated at village Kheri, bearing Khasra Number 248/1, Tahsil Shahpura, District Jabalpur. The Collector on receipt of the application, directed an enquiry. Thereupon, Patwari submitted his report with a recommendation that the land in question be allotted to the petitioner. The Gram Panchayat also made a recommendation in favour of the petitioner. The Tahsildar on the basis of the report prepared by the Patwari invited objections from the public in general and since no objections were preferred, recommended that two hectares of land be allotted to the petitioner. The report submitted by the Tahsildar was affirmed by the Sub -Divisional Officer vide order dated 1.6.2009. The matter was forwarded to the Collector. The Collector rejected the application for allotment of the grass land made by the petitioner on the ground that the petitioner is a resident of Jabalpur and the land in question is situated in Shahpura and, therefore, the same cannot be allotted to the petitioner.

(3.) The petitioner assailed the validity of the aforesaid order in an appeal before the Commissioner. The Commissioner affirmed the order passed by the Collector. Being aggrieved, the petitioner filed a revision before the revisional authority i.e. the Minister of Revenue, who, set aside the order of the Collector and the Commissioner and directed the Collector to pass a fresh order after taking into consideration the report of the Patwari, Gram Panchayat as well as the report of the Tahsildar and the order passed by the Sub -Divisional Officer. The Collector by the impugned order reiterated the order which was passed by him on an earlier occasion. In the aforesaid factual backdrop, the petitioner has approached this Court.