RAMBARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in filed by the two petitioners is to the decision taken in a note-sheet dated 19/1/17 vide P/1 by the Additional Collector Gwalior which has been ratified by the Collector by which several pieces of land including Survey No. 419/2 area 7 Bigha situated at Village Dongarpur Tehsil and District Gwalior () and Survey No. 452/2 area 1.254 Hactare situated at Putlighar Tehsil and District Gwalior () have been found to be wrongly recorded in revenue records in favour of private persons instead of the government to which it belongs and thus decision has been taken to carry out necessary correction in revenue/Nazul records with corresponding restraint orders to the Nazul Officer not to issue building permission on such lands and with request to the Town and Country Department and Municipal Council Gwalior not to sanction any layout or grant building permission qua the said lands with further direction to review any mutation carried out in the past qua the said lands and to fasten liability and punish the officers/employees responsible for making wrong entry in the revenue records.

(2.) Petitioner in unsuccessfully assailed the decision dated 19/1/17 of the Additional Collector in revision before the Board of Revenue which was dismissed on 14/6/17 by a non- speaking order that no illegality is reflected in the order of Additional Collector. However, petitioner in did not approach the Board of Revenue but has directly come to this court assailing the decision of Additional Collector.

(3.) Pertinently there is no formal order of invoking suo motto power of revision in form of show cause notice or final order passed u/S. 50 of Madhya Pradesh Land Revenue Code, 195, however, the aforesaid impugned note-sheet vide P/1 and the ratifying note of the Collector, directing that further proceedings be taken in line with the decision of Additional Collector, Gwalior.