Ghanshyam vs Pushpa Devi & Anr

Vijay Kumar Shukla, J

Hearing convened through video conferencing.

The present writ appeal is been filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam,

2005, being aggrieved by the order dated 6-5-2020 passed in the W.P. No.769/2009 by the learned Single Judge, whereby the writ petition filed under

Article 226 of the Constitution of India has been dismissed on the ground that since the petitioner-appellant herein, had not challenged the fact that he

was an encroacher upon the disputed land, as stated in the order dated 30-9-2005 passed by the Additional Commissioner, Sagar. Therefore, the

appellant does not have the locus to challenge the order of the Board of Revenue, Gwalior, dated 20-11-2008.

The appellant filed the writ petition challenging the order dated 20-11-2008 passed by the Board of Revenue, Gwalior whereby the order passed by

the Additional Commissioner, Sagar dated 30-9-2005 has been set aside and the order dated 11-11-2002 passed by the Collector, Chhatarpur has been

affirmed.

The facts of the case, adumbrated in a nutshell, are that the petitioner-appellant is a resident of Village, Kodan, Tehsil Bijawar, District Chhatarpur

and he is in possession of the land admeasuring 1.179 hectares, bearing Survey Nos.101, 104, 109, 111 and 110/2 for the last more than 30 years and

carrying on agricultural activities over the said land. By order passed by the Naib Tehsildar, Bijawar dated 11-09-1973, a temporary lease of the

aforesaid land was granted to Shri Vijay Raghav Sharan Nigam, the father-in-law of the respondent No.2 and after his death the said land stood

transferred to his son - Ram Janki Lal Nigam. After the death of Ram Janki Lal Nigam, the land was not transferred to his wife â€" Smt. Pushpa

Devi, the respondent No.1 herein. It is further stated that Late Ram Janki Lal Nigam was the Revenue Inspector of the said area and he transferred

the aforesaid property fraudulently in favour of his father - Shri Vijay Raghav Sharan Nigam. It is submitted that in the year 1995 one Shri Gore Lal

Lodhi, resident of Village, Pagara filed a complaint to the Collector, Chhatarpur for allotting the aforesaid land in his name and on receiving such

complaint the Naib Tehsildar submitted his report and on the basis of the report the Collector, Chhatarpur vide order dated 27-6-1995 directed that the

aforesaid land be registered as a Government land.

Being aggrieved by the aforesaid order, the respondent No.1 filed an application before the Tehsildar, stating that Shri Gore Lal Lodhi and the

present appellant are trying to encroach upon the aforesaid land, hence she may be given possession of the said land. On this application the Tehsildar

submitted his report on 07-10-1998 stating that the disputed land was given to one Shri Vijay Raghav Sharan Nigam and after his death it stood

transferred in the name of his son - Ram Janki Lal Nigam, but after the death of Ram Janki Lal Nigam, it could not be transferred to any of his

predecessors, namely, his wife, son or daughter and on receiving the complaint the Collector by order dated 27-6-1995 directed the said land to be

registered as a Government land. Thereafter, the Collector, Chhatarpur by order dated 27-03-1999 directed to register the said land in favour of the

respondent No.1.

 6. The order dated 27-03-1999 passed by the Collector, Chhatarpur was challenged by the appellant before the Commissioner, Sagar Division,

Sagar, who vide order dated 8-6-2000 set aside the order of the Collector holding that the permission as required under Section 51 of the M.P. Land

Revenue Code, 1959 was not obtained from the Board of Revenue before passing the order by the Collector. The aforesaid order was challenged by

the respondent No.1 before the Board of Revenue which was partly allowed, vide order dated 21-02-2001 and it was directed that the Collector is

free to proceed with the matter after obtaining permission from the Board. The Collector obtained the permission from the Board of Revenue on 5-4-

2002 and reviewed his earlier order dated 27-6-1995. Thereafter, on 01-11-2002 the Collector passed the order directing that the land be recorded in

the name of the respondent No.1.

7.The appellant challenged the aforesaid order passed by the Collector before the Commissioner, Sagar Division, Sagar, who held that the appellant is

an encroacher and has no right or interest in the land in question. He also directed for removal of the encroachment. The Commissioner further held

that the lease granted to the predecessors of the respondent No.1 was renewed hence, the land cannot be recorded in the name of the respondent

No.1 also. Admittedly, the aforesaid order was not challenged by the appellant, however the respondent No.1 challenged the aforesaid order before

Board of Revenue, which vide order dated 20-11-2008 set aside the order passed by the Commissioner, Sagar Division,Sagar and held that the lease

executed in favour of Vijay Raghav Sharan Nigam subsisted, even after expiry of the lease period.

The learned Single Judge has dismissed the writ petition by the impugned order on the ground of locus of the appellant to challenge the order passed

by the Board of Revenue, Gwalior. Upon perusal of the records it is found that the respondent No.2, Collector, District Chhatarpur vide, his order

dated 11-11-2002 directed that in place of Ram Janki Lal Nigam, the land was transferred in the name of his predecessor. Being aggrieved by the

same she preferred an appeal before the Additional Commissioner, Sagar, who vide order dated 30-9-2005 partly allowed the appeal and directed that

the petitioner-appellant has no right of possession of the land in question and, therefore, he is an encroacher and be removed from the said land.

Simultaneously, it was also directed that the respondent No.1 â€" Smt. Pushpa Devi or her husband â€" Ram Janki Lal Nigam has also not received

the Bhoomiswami right and hence, they do not have any right of transfer of the land in question in their favour. Thus, the order dated 11-11-2002

passed by the Collector, Chhatarpur was set aside and the earlier order passed by the Collector, Chhatarpur dated 27-6-1995 was upheld.

The learned Single Judge in para 9 of the order has noted that the petitioner-appellant accepted the order dated 30-9-2005 passed by the Additional

Commissioner, Sagar and, therefore, he could not have challenged the order passed by the Board of Revenue, Gwalior. Thus, on the ground of locus

the writ petition preferred by the appellant has been dismissed.

We do not perceive any error in the order passed by the learned Single Judge. The impugned order is impeccable and does not warrant any

interference in the present intra-court appeal. Hence, the writ appeal is dismissed. There shall be no order as to costs.