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Madhya Pradesh High Court · body

1994 DIGILAW 329 (MP)

Ramcharan v. Kasera

1994-04-22

T.S.DOABIA

body1994
JUDGMENT The plaintiff/appellant has lost in both the Courts. He had come to the Court with the allegation that he is the owner of land bearing Khasra No. 769/1 (k) measuring 2 bighas situated in village Luhar. According to him, the land was re-numbered as Khasra No. 298 in consolidation proceedings. The further case of the appellant was that there was another piece of land bearing Khasra No. 796. The area of this khasra was 2 bigha 15 biswas. In consolidation proceedings, this was given khasra No. 291. It is the case of the plaintiff that by mistake there was inter-change of khasra numbers. Khasra No. 298 should have been khasra No. 291 and vice versa. The Courts below dismissed the suit. The first appellate Court also dismissed the suit and took note of the fact that State was not impleaded as a defendant. It may be seen that in village Luhar there was consolidation of holdings in terms of Chapter-XVI of the Madhya Pradesh Land Revenue Code, 1959. This Chapter deals with consolidation of holdings. It is during these proceedings, it is stated that some mistake was committed by the consolidation staff. For the correction of any mistake which has been taken place during consolidation proceedings, the appropriate forum would be the revenue officers on whom the power has been conferred under Chapter XVI. Under section 257 (v), there is a specific bar to the entertainment of the suits by the civil Courts. Thus, looking from any point of view there is no merit in this appeal. The appropriate remedy for the plaintiff was to seek redress before the authorities constituted under Chapter XVI of the Code of 1959. The plaintiff may, if so advised, seek his remedy before the revenue officers. This appeal is without merit and is dismissed. No order as to costs.