SHAKUNTALA Vs. STATE OF MP

JUDGEMENT

(1.) This common order will dispose of W.P. No.16992/2011, W.P. No.20504/2014 and W.P. No.23/2015. The facts are taken from WP No.16992/2011. The petitioner, a widow aged about 75 years of age, has filed this petition aggrieved by the show cause notice dated 21.5.2010 and order dated 21.5.2010 cumulatively marked as Annexure P/1. By said notice, the petitioner was directed to show cause as to why in exercise of power under Section 251 read with Section 32 of M.P. Land Revenue Code, 1959 (Code), the petitioner's land described in the notice be not permanently recorded as Government "Medh/Pond". In addition, an order dated 21.5.2010 is passed whereby provisionally or as an interim measure, the said land was directed to be registered as Government "Pond/Bheeta" and concerned Tehsildar was directed to correct the revenue record. The petitioner was directed to show cause as to why this interim order dated 21.5.2010 should not be made absolute. The petitioner was directed to submit his defence alongwith the relevant documents.

(2.) Shri P.N. Pathak and Shri Sanjay Seth, learned counsel for the petitioners submitted that the petitioners are lawful titleholder/bhumiswamy of these lands. Shri Pathak by taking this Court to the pleadings of the petition urged that petitioner is the owner in possession of land bearing khasra nos.20, area 3.83 acre, 19, area 0.69 acre and 28, area 1.83 acre. The total land of these three numbers comes to 6.35 acres situated in village Saokhi. The petitioner purchased this land from Shri Kishorilal Agrawal vide sale-deed dated 18.3.1985 Annexure P/3. The mutation panji dated 12.4.1986 reflects the name of Kishorilal. The petitioner has placed reliance on "Rin Pustika" Annexure P/5 and relevant khasra entries from 1964-65 to 1996-97 filed as Annexure P/9.

(3.) Learned counsel for the petitioner submits that as per the then prevailing Rewa Land Revenue and Tenancy Code, 1935 (Code of 1935) an "Intjam Guard Book" was prepared which contains the name of Kishorilal. The said entry was made on the direction of 'Pawaidar' who was statutorily recognized to undertake aforesaid exercise. By taking this Court to the relevant document Annexure P/6 (page 30), Shri Pathak urged that the patta was granted in favour of Kishorilal by the order of competent authority. These documents are more than 60 years old and cannot be called in question/doubted. The ownership and possession of Kishorilal from 1951-52 till 1985 is clear from the aforesaid revenue record. After 1985, the petitioner became owner and is in possession of land in question.