JANDEL SINGH Vs. SUGHAR SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 28/5/2019 passed by the Commissioner, Gwalior Division, Gwalior in case No.327/Appeal/2017-18 as well as order dated 27/3/2018 passed by the SDO, Bhitarwar, District Gwalior in case No.24/17-18/Appeal and also for quashing the order dated 23/10/2017 passed by the Tahsildar, Tahsil Bhitarwar, District Gwalior in case No.06/16-17/Aa- 70.

(2.) The necessary facts for disposal of the present petition in short are that one J.B. Mangharam was holding near about 1700 Bighas of land in different villages. J.B. Mangharam was granted Patta for Agro Industries Development. Ceiling proceedings under the provisions of the Act was initiated in which some land was declared as surplus, but the survey numbers of the surplus land were not determined at that time and according to the petitioners, even today the position has remained the same.

(3.) It is submitted by the counsel for the petitioners that Darman Singh was the Karinda of J.B. Mangharam and was in cultivating possession of the land in dispute and, therefore, he tried to get his name mutated in the revenue proceedings. Further, even after the death of Jaswant Singh, the petitioners are in cultivating possession of the land in dispute. On 25/2/2000 the land which was declared as surplus land in ceiling proceedings was distributed/allotted among the persons in the proceedings taken by the SDO and in the same proceedings by order dated 8/2/2000 passed in case No.1/1999- 2000/A-90 B6, the respondent was allotted survey no.226/1 area 1.014 hectares. Although the land in question was allotted to the respondent, but the petitioners remained in cultivating possession of the same. The copy of the allotment order is Annexure P/4. It is submitted that the respondent filed an application under Section 250 of M.P. Land Revenue Code seeking restoration of possession of survey no.226/1 area 1.014 hectares situated in village Ikhara, District Gwalior. The notices were issued to the petitioners, who entered their appearance through their counsel. Statements were recorded and ultimately, the Tahsildar by order dated 23/10/2017 directed for restoration of possession of the land. It is further submitted that the proceedings under Section 250 of M.P. Land Revenue Code were initiated after 16 years of the allotment of the land to the respondent.