KALLO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common order W.P. No.26602/2018 (Mano Bai and others Vs. State of M.P. and others), W.P. No.2821/2019 (Smt. Asha and another Vs. State of M.P. and others), W.P. No.534/2019 (Shri Bablu and others Vs. State of M.P. and others), W.P. No.22/2019 (Smt. Ganeshi and others Vs. State of M.P. and others), W.P. No.15/2019 (Chhote Lal and others Vs. State of M.P. and others), W.P. No.14/2019 (Ramcharan and others Vs. State of M.P. and others), W.P. No.12546/2019 (Dinesh Jatav Vs. State of M.P. and others) and W.P. No.8457/2019 (Smt. Kallo Vs. State of M.P. and others) are being decided.

(2.) For the sake of convenience, the facts of Writ Petition No.26602/2018 (Mano Bai and others Vs. State of M.P. and others) shall be considered.

(3.) The necessary facts for disposal of the present petition in short are that Tahsildar by order dated 28/7/2003 granted lease of the Government land to the petitioners as well as to other similarly situated persons. In the month of August, 2011, a complaint was made to the Collector with regard to the irregularities committed while grant of lease to the petitioners and some more similarly situated persons and accordingly, the SDO, Dabra by order dated 28/12/2011 directed the Naib Tahsildar, Circle Chhemak, Tahsil Dabra, District Gwalior to submit its report. The Naib Tahsildar submitted its report dated 5/11/2011 and submitted that the land in question was initially recorded as Charnoi land. On 7/7/2003 the then Tahsildar initiated proceedings on the basis of the list of Beehad Bhumi submitted by the Patwari and an advertisement was issued for inviting the applications for grant of Patta. On 28/7/2003, total 243 applications were received and on the very same day, Patta of Beehad Bhumi was granted to 101 persons. It was opined that the Patwari had not annexed the copy of the Khasra and the map alongwith the list, whereas it was necessary for him to annex the copy of Khasra Panchshala to ensure that the land in question is recorded as Beehad land and thus, the Tahsildar has ignored this important aspect and allotted the Pattas. It was further held that the notice of inviting applications was affixed on the board of the Gram Panchayat, however, the copy of the same was not sent to each of the Gram Panchayats and even the notice was not affixed on the board of the Court. As per the circular, the Beehad Bhumi having the depth upto 2 meter can be given on lease, however, in the lease deed there is no mention about the quality of the land and it is also not mentioned about the depth of Beehad Bhumi. It was also mentioned that as per the circular, the Tahsildar should have prepared the list of eligible candidates and thereafter, should have forwarded the said list to the Public Estate Committee for their selection and in case if the approval is not received within a period of fifteen days, only then the Tahsildar could have allotted the land, but no such proceedings were undertaken. Furthermore, by way of premium 20% of the market price of land, assessed on the basis of sale deeds executed during the last three years should have been got deposited from the candidates of general category, but that was not done and it was also held that 54 beneficiaries out of 101 were having the land either in their name or in the name of their family members and accordingly, opined that the Pattas have been distributed de hors the provisions of law.