JASODA BAI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, a Kotwar by occupation, by present writ petition filed under Article 226/227 of the Constitution of India, calls in question the action of the respondent whereby the 'service land' held by her in capacity as a Kotwar is cancelled and is allotted in favour of Nagar Panchayat, Mundi, after declaring the land as Najul land.

(2.) THE facts in nutshell are that, the petitioner is a widow of late Natthu, who during his life time was a village Kotwar, in lieu whereof he was allotted an agriculture land bearing Khasra No. 285 admeasuring 0. 87 hectare, khasra No. 286 admeasuring 0. 75 hectare and khasra No. 289 admeasuring 2. 94 hectares at village Gond Kheda, Patwari Halka Number 39, popularly known as 'service land'. The land was held by Natthu till his death and after his death, the land was allotted to the petitioner who was appointed as Kotwar in place of her husband. The petitioner while she was holding the said land came across an advertisement dated 13-4-2004, whereby the objections were invited by Naib-Tahsildar Tappa Punasa in respect of the land held by the petitioner for its transfer in favour of Nagar panchayat Mundi for "mela purpose" under IDSMT Project. On raising objection, the petitioner was informed that, the Collector, Khandwa, vide its order dated 27-8-2004 passed in Court Case No. 15/a-59/03-04 had cancelled the service land and in exercise of powers under section 237 (2) declared the same as Najul land and reserved it for 'mela purpose'. Consequent thereof, the Sub Divisional office, Khandwa, vide his order dated 31-8-04 directed Tahsildar, Khandwa, to pay to the petitioner the full remuneration, which as per return of the respondent no. 3 is Rs. 1,000/- per month. Being aggrieved of the action the petitioner has taken shelter of this Court seeking quashment of the decision of cancellation of service land and the restoration thereof.

(3.) ON these factual backgrounds the issue which falls for consideration is whether the service land could have been cancelled and declared as a surplus najul land and reserved thereafter for holding 'mela' by transferring it in favour of Nagar Panchayat.