MAHENDRA SINGH SISODIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This second appeal, filed by the plaintiff/appellant is directed against the judgment and decree dtd. 29/6/2015 passed in Civil Appeal No.94-A/2014 by the 13th Additional District Judge, Bhopal (M.P.), arising out of judgment and decree dtd. 24/3/2014 passed in C.S. No.379-A/2011 by 18th Civil Judge Class I, Bhopal whereby the suit filed by him was dismissed

(3.) Brief facts necessary for disposal of this appeal are that plaintiff/appellant filed a suit declaring the 'batan' proceedings with regard to survey No.147/87, area 0.55 acres, situated at village Palasi, Patwari halka No.5, Tahsil Huzur, District Bhopal as null and void and for recording his name on the land bearing survey No.141/87/1 instead of the name of the State Government, pleading that he is the owner of survey No.141/87. As per the government scheme for computerization of the record, he had deposited his old bahi with Nazul Circle, Bairagarh, district Bhopal. In the new book (bahi) received by him, his land was reduced and a new survey number 141/86/2 with area 0.069 hectares, whereas 0.38 acres of his land was declared surplus in the civil proceedings and a new survey No. 141/87/1, got recorded in the name of state government. It has been alleged that plaintiff is an illiterate person and taking advantage of this fact, the government officials have played fraud with him and without informing him, has acquired his 0.38 decimel of land as surplus ceiling land. He has further alleged that he has not been given any compensation nor the possession has been taken from him.