TULSIRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri T.C.Singhal, Advocate for the respondent No.2. Petition under Article 226 of the Constitution of India is filed assailing the revisional order of Board of Revenue dated 7/4/15 vide P/1 by which while allowing the revision of Tulsiram (father of present petitioners herein), the order of Additional Commissioner dated 7/1/05 vide P/5 was set aside. The Additional Commissioner had set aside the order of Additional Collector dated 31/5/04 vide P/3 by which Additional Collector taking suo moto cognizance of the matter had directed for setting aside the entry made in favour of the petitioner declaring him to be Bhoomiswami of agricultural land admeasuring 0.418 Hectare bearing survey No. 89/2 at village Dospur Tehsil Guna on the strength of being in occupancy of the said land for the last 20 years.

(2.) Though several grounds have been raised on merits and as well as on technical aspects by learned counsel for the petitioners but the sole ground on which the petition can be decided is that during pendency of the revision before the Board of Revenue Tulsiram the original beneficiary of the order of Nayab Tehsildar declaring the said Tulsiram to be a Bhoomiswami of the land in question died on 20/12/08.

(3.) It is not disputed at the bar by the rival parties that Tulsiram continued to be respondent No.1 before the Board and was not substituted by the LRs (petitioners herein), and therefore, the impugned order came to be passed on 7/4/15 vide P/1 against Tulsiram who was no more alive at that point of time.