SURENDRA SINGH BAIS Vs. STATE OF MP

JUDGEMENT

(1.) This is first application under section 438 of the Cr.P.C in crime no.42/2018 under section 420, 467, 468, 471 and 120-B of the IPC registered at police station Kanadia District Indore.

(2.) Prosecution case in brief is that the land bearing suvery no.302/1 and 303 admeasuring 3.845 hectare situated in Patwari Halka No.40 (old number 17) situated in village Nipaniya Tehsil and District Indore was mentioned in revenue records Khasra-Khatoni B-1 in the name of Samandar Singh and Mangilal, both son of Bhagwan and Hansabai wife of Bhagwan. In the year 1978-79, Anwar Patel preferred an application before the Tehsildar, Indore under section 169, 190 and 109-110 Land Revenue Code, 1959 to mutate the land in his name on the basis of long possession. The Tehsildar issued notice to Samandar, Mangilal and Hansabai. Samandar appeared and filed no objection and also received compensation. Tehsildar allowed the application and entered the name of Anwar Patel as Maurusi Kashtkar vide order dated 17.07.1979.

(3.) After 32 years, on 18.11.2011, Mangilal claimed that his fathers named was Rungnath, Anwar Patel filed application and got his land mutated in his name by misrepresenting his farher's name as Bhagwanlal. He executed a Power of Attorney in faovur of Surendra Singh Bais (Petitioner) and authorized him and handed over his all rights to the attorney holder to take legal action in this regard. The petitioner on behalf of Mangilal preferred an appeal against order of the Tehsildar dated 17.7.1979 before the SDM. The appeal was allowed vide order dated 11.10.2012 and the order of Tehsildar was set aside.