Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 978 (MP)

Shanti Devi v. State of M. P.

2011-08-23

BRIJ KISHORE DUBE, S.K.GANGELE

body2011
JUDGMENT : Heard. This petition has been registered on the basis of a letter received from the petitioner by the Hon'ble Chief Justice. The petitioner complained in the letter that she submitted an application in regard to recording her possession over the land which was purchased by her, however, her possession has not been recorded. , Learned counsel for the petitioner produced the order of the Tahsildar dated 05-7-2011 . As per the aforesaid order, the Tahsildar observed that on the basis of the Patwari report, the possession of the petitioner found proved over the land, however, the Tahsildar's court has no power and authority to record the aforesaid entry in the Khasra on the basis of new possession. Hence, the application was rejected. As per the provisions of section 115 of the M P Land Revenue Code, 1959, the Tahsildar has power to record the possession, if there is any incorrect entry has been made in the land records. The relevant provision is as under: - 115. Correction of wrong entry in khasra and any other land records by superior officers - If any Tahsildar finds that a wrong or incorrect entry has been made in the land records prepared under section 114 by an officer sub-ordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned as he may deem fit after due written notice." Looking to the aforesaid Section, in our opinion, the Tahsildar has power to record the possession of the petitioner in the revenue record, if it is true. Consequently the petition of the petitioner is disposed of with a direction that the Tahsildar shall pass appropriate order in regard to recording the possession of the petitioner in Khasra entries after verifying the facts in accordance with law. It is hereby clarified that this Court has not opined about the merits of the case. Necessary orders be passed by the Tahsildar in this regard within a period of six weeks from the date of receipt of the copy of the order. No order as to costs.