REKHA GAUD Vs. STATE OF M.P.

JUDGEMENT

(1.) The challenge in this petition under Article 226 of the Constitution by the petitioner claiming himself to be owner of survey No.47/2 min Halka No.4, Mubarikpura, Narwar, District Shivpuri (M.P.) is to the order of Collector, Shivpuri dated 20/04/2011 (Annexure P/1) whereby on the basis of preliminary enquiry conducted by the SDO, Karera which was taken cognizance of by the Collector, Shivpuri on 10/01/2011, two hectares of land bearing survey No.47 was declared to belong to the Government, after canceling the order dated 30/09/2011 passed by the Tehsildaar settling the said land which was earlier recorded as 'Pahad' in favour of one Hamum Khan S/o Sardar Khan.

(2.) Pertinently, the said Hamum Khan got himself recorded as bhoomiswami without following the due process of law whereafter it is alleged that the land in question exchanged various hands and is presently recorded in favour of petitioner based upon the registered sale deed dated 26/03/2004 vide Annexure P/2.

(3.) It is relevant to point out that highlighting the aforesaid unlawful change of use and transfer of Government land into private hands was highlighted in PIL bearing WP No.2846/2010 which was disposed of by order dated 21/05/2010 in the following terms:-