Jagmohan Sharma vs State Of Madhya Pradesh And Others

S. A. Dharmadhikari, J

Grievance of the petitioner in this petition, under Article 226 of the Constitution of India, is that respondent no.3 is not deciding the application filed

under section 115 of the M.P. Land Revenue Code, 1959 (for short ""the Code"") seeking correction in the revenue records.

Learned counsel for the petitioner submits that petitioner is the owner of the land situated at Khasra Nos. 682/1, 682/2, 687/4, 688, 689, 690, 691, 697,

698, 700, 701, 702, 703, 705, 712, 713, 732/2, 740/7, 741, 742, 743/2, 760, 763, 764, 765/1, 768/1, 806, 821, 881/3, 886, 1023/1, 1028 at Village Janora,

District Bhind and after settlement the new Survey Nos. are 701, 702, 703, 712, 723, 731, 740, 741, 749, 480, 751, 752, 753, 754, 795, 807, 808, 821,

823, 839, 841, 907, 912, 914, 918, 927, 957, 963, 970 and 1047. In respect of the aforesaid Khasra Numbers, father of the petitioner was declared the

owner and possession holder by the Civil Court vide judgment and decree dated 30/12/1949. On the basis of the aforsaid, name of the petitioner was

mutated in the revenue records. Thereafter his name was continuously recorded in the revenue records, but to his surprise when the petitioner

inspected the Khasra entries of the year 2020-2021, it came to his knowledge that his name has been deleted from the revenue records. Being

aggrieved, he filed an application under section 115 of the Code on 17/8/2020 but till date no decision whatsoever has been taken thereupon. In such

circumstances, looking to the age of the petitioner which is 91 years, respondent no.3 may be directed to decide the application, as expeditiously as

possible.

On the other hand, learned Government Advocate has no objection to the innocuous prayer made by learned counsel for the petitioner.

Taking into consideration the facts and circumstances of the case, petitioner is directed to file a fresh application under section 115 of the Code before

the Sub Divisional Officer concerned. If such an application is filed, the Authority concerned shall decide the same, in accordance with law, by a self

contained speaking order after giving due opportunity of hearing to both the sides, as expeditiously as possible, preferably within a period of three

months from the date of receipt of such application.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid directions, this petition stands disposed of.