KHUMAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THIS order shall also govern the disposal of Writ petition No. 9205/03 and Writ Petition No. 9206/03.

(2.) THE petitioner alleging himself to be a public spirited person has filed both the Public Interest Litigation Petitions. In both the petitions he has challenged the order passed by Board of Revenue on 12-4-2001 in two Revisions no. 983-PBR/2000 and 984-PBR/2000. Both the orders were also challenged before the Single Judge. The order passed in Revision No. 983-PBR/2000 was challenged by the petitioner in Writ Petition No. 1613/01 and the order passed in revision No. 984-PBR/2000 was challenged in Writ Petition No. 1431/01. Both the petitions were disposed of on 18-11-2003 with liberty to file Public Interest litigation Petition. While disposing of the petitions the Court observed that in the aforesaid revision the petitioner was not a party and it was submitted that the present petition being in the nature of Public Interest Litigation the same is not maintainable in this Court and conversion was not permitted, as the petition was under Article 227 of the Constitution of India, that is how the petitioners have filed these two petitions in public interest.

(3.) THE brief facts of the case in Writ Petition No. 9206/03, (Revision petition No. 983-PBR/2000 and earlier Writ Petition No. 1613/01) are that the land bearing Survey No. 856 admeasuring 3 bighas 15 biswas is situated at village Raiyatwadi is a Government land and the name of one Chandrojirao was wrongly recorded as Gair Mourishi Krishak from Samvat 2007 to year 1992. It was further submitted that rights of Pucca Tenant under section 54 (7) of Madhya bharat Mal Prabandh Tatha Raiyatwadi Bhu-Agam Tatha Krishakadhikar Vidhan (for short, 'vidhan of Samvat 2007') and Bhumiswami rights on coming into force of the provisions of MP Land Revenue Code, 1959 (for short 'code of 1959') w. e. f. 2-10-1959 were wrongly conferred. Respondents No. 7 to 22 of this writ petition filed an application before Tehsildar for grant of Bhumiswami rights and Tehsildar vide order dated 10-4-1992 granted Bhumiswami rights in their favour. The brief facts of Writ Petition No. 9205/03 (Revision No. 984-PBR/2000, and earlier Writ Petition No. 1431/01) are that for land bearing Survey No. 2883 admeasuring 6 bighas 2 biswas some persons filed application for grant of bhumiswami rights and Tehsildar vide order dated 14-10-1992 wrongly granted bhumiswami rights in their favour on the basis of patta which was granted by original owner Chandrojirao in the year of 1974.