ORDER As per Gangele. J:- 1. The petitioner is a Society registered under the provisions of Madhya Pradesh Society Registrikaran Adhiniyam.Initially, the petitioner filed a petition on the basis of news published in a daily newspaper “Dainik Bhaskar” dated 28th June, 2011. It is mentioned in the newspaper that Collector had declared the land as a Government land . He also ordered for taking possession of the land. The members of the petitioner- Society, who are near about 214 in numbers, are the residents of Sharda Vihar Colony, City Centre, Gwalior. They had constructed their houses in the aforesaid colony. 2. On the basis of the newspaper report and looking to the graveness of the situation that more than 200 persons may be dispossessed, this Court entertained the petition and issued notices. Subsequently, the petitioner - Society and respondents both filed a copy of order dated 27-06-2011 passed by the Collector, Gwalior is Suo Moto Revision No.24/08-09. By the aforesaid order, the Collector has declared the land bearing Survey Nos.896, 897, 898, 900, 901, 902, 903, 904, 905, 917, 918, 919, 920, 921, 922, 923, and 924 situate at village Mahalgaon total area 26 bigha 6 bishwa as Government land [herein after referred to as ‘the land’] and also cancelled mutation proceedings recorded vide earlier order and further ordered that the land be recorded as Government land and possession of the land be taken over. Thereafter, vide order dated 28-06-2011 certain typographical errors regarding the survey numbers and area of the land in the order dated 27-06-2011, have been corrected. 3. Initially, Devi was the Maurishi Kastkar of the land and his name was recorded as Pakka Krishak in the entries of Samvat 2009-2018. After death of Devi, Sukha came in the possession of the land being the heir of Devi. After death of Sukha, his daughters,sons and wife got possession of the land. Shankar Lal S/o Sukha and other persons filed a suit for declaration and permanent injunction in regard to the aforesaid land, which was registered as Civil Suit No.222-A/1967 and tried by 3rd Civil Judge, Class II, Gwalior. The State was exparte in the aforesaid suit. The trial judge by the judgment and decree dated 18-10-1968 decreed the suit and issued a decree that the respondents therein shall notinterfere in the possession of the land of the plaintiffs being “Bhumiswami”. The State was exparte in the aforesaid suit. The trial judge by the judgment and decree dated 18-10-1968 decreed the suit and issued a decree that the respondents therein shall notinterfere in the possession of the land of the plaintiffs being “Bhumiswami”. An encroachment proceeding was also initiated against Shankarlal vide case No.164A-68/75-76 by the Tehsildar (Nazul), Gwalior. The Tehsildar (Nazul), Gwalior in the aforesaid proceeding, has held that Shankar Lal S/o. Sukha and other heirs of Sukha are not encroachers and their possession was legal and they were agriculturists of the Government and they were in legal possession of the land. Encroachment proceedings were dropped. 4. On the basis of the judgment and decree passed by learned trial Court, the Collector ordered for recording the name of Shankar Lal S/o. Sukha, Smt. Kala Bai D/o.Sukha, Smt. Khumano D/o. Sukha, Shri Lalli S/o. Sukha, Shri Laxman, S/o.Sukha, Balkishan S/o.Sukha, Sushri Batta D/o. Sukha and Smt. Kasso W/o. Sukha as “Bhumiswami”of the land and record of the Patwari was corrected accordingly vide order dated 10-05-1990. 5. After recording the names and correcting the record of Patwari, Shankar Lal S/o. Sukha and others sold half portion of the Land in favour of Shankar Lal S/o. Dalchand, Mahalgaon, Gwalior. Thereafter, Shankar Lal s/o. Dalchand submitted an application before the Additional Collector and Competent Authority, Urban land Ceiling, Gwalior and case was registered in regard to grant of No objection Certificate to the effect that the land be permitted to be handed over to Gwalior Development Authority. In the aforesaid application, the Additional Collector registered a case No.26/93-94 and vide order dated 23-07-1994 Annexure P/7, granted No Objection Certificate to Shankar Lal s/o. Dalchand. On 14 “August,1989, Gwalior Development Authority through its Chairman, entered into an agreement with Shri Devsthan Grih Nirman Sahakari Samiti Maryadit, Gwalior [in short ‘ the Society’] in regard to execution of its residential Scheme at City Center, Mahalgaon, Gwalior and it was agreed that Gwalior Development Authority shall develop the site for housing purpose. On 14 “August,1989, Gwalior Development Authority through its Chairman, entered into an agreement with Shri Devsthan Grih Nirman Sahakari Samiti Maryadit, Gwalior [in short ‘ the Society’] in regard to execution of its residential Scheme at City Center, Mahalgaon, Gwalior and it was agreed that Gwalior Development Authority shall develop the site for housing purpose. It was agreed between the Society and Gwalior Development Autority that the Society shall leave 50% of the total land free of cost in favour of Gwalior Development Authority and the Society shall be entitled to Authority rmaining 50% of the land in the shape of plotted area and the Society will be at liberty to allot the plots to its members on depositing the development charges. The details of the lands are as under:- S.No Survey No. Bigha Biswa 1. 896 0 16-1/2 2 897 1 1-1/2 3. 898 1 13-1/2 4. 900 0 6 5. 901 0 6-1/2 6. 902 0 4 7. 903 0 18-1/2 8. 904 0 3-1/2 9. 915 1 17-1/2 10. 917 3 13 11. 918 0 6 12. 919 0 7 13. 920 0 2-1/2 14. 921 0 7-1/2 15. 922 0 6 16. 923 0 6-1/2 17. 924 0 7 --- --- 13 83 The agreement between Gwalior Development Authority and the Society was further amended on 14th August, 1989 and certain amount was added as charges. 6. Shankar Lal S/o. Dalchand sold a portion of the land area 7 bigha 3 biswa in favour of Shri Devsthan Grih Nirman Sahakari Samiti Maryadit, Gwalior on consideration of Rs.17 lacs by a registered sale deed dated 19-09-1995. Some landwas also sold to other Housing Societies. Thereafter, the Gwalior Devlopment Authority and Joint Director, Town and Country Planning Department sanctioned the layout plan of residential colony at City Centre, Mahalgaon, Gwalior.The sanctioned layout plan has been filed as Annexure P/11. Thereafter, the members of the Society after getting permission from the Municipal Corporation, Gwalior constructed the houses. 7. When the basic amenities were not provided to the residents of Sharda Vihar Colony, they filed a petition before this Court, which was registered as Writ Petition No.1554 of 1999. In the aforesaid petition, Collector, Gwalior; Municipal Corporation, Gwalior; Gwalior Development Authority; and three Cooperative Societies, namely, Devsthan Grih Nirman Sahakari Sanstha, Adhunik Grih Nirman Sahakari and Sarika Grih Nirman Sanstha were arrayed as respondents. In the aforesaid petition, Collector, Gwalior; Municipal Corporation, Gwalior; Gwalior Development Authority; and three Cooperative Societies, namely, Devsthan Grih Nirman Sahakari Sanstha, Adhunik Grih Nirman Sahakari and Sarika Grih Nirman Sanstha were arrayed as respondents. The Division Bench of this Court disposed of the aforesaid writ petition vide order dated 09-08-2007 with the following direction:- “7.In such circumstances, we dispose of this petition with a direction to the respondents 2 and 3 i,e. Municipal Corporation, Gwalior and Development Authority, respectively, to inspect the said colony and point out deficiency, if any, left over by respondents 4 and 5 in developing their respective blocks. This exercise shall be done within a period of one month from today. After the inspection, respondents 2 and 3 - Municipal Corporation, Gwalior and Gwalior Development Authority shall point out deficiency in writing to respondents 4 and 5 societies and on pointing out, respondents 4 and 5 societies shall complete the development work of their respective blocks withing a period of two months thereafter. After completion of the development work, respondents 4 and 5 societies shall again inform respondents 2 and 3 Municipal Corporation and Gwalior Development Authority and thereafter the Municipal Corporation and Gwalior Development Authority will inspect the colony and if they find any deficiency, they will complete the work at ther own expenses and will be at liberty to recover the amount spent on the said work from the said colonizers. 8. So far as Sarika Grih Nirman Sahakari Sanstha and Ankit Grih Nirman Sahakari Sanstha are concerned, they have already deposited the amount with the Gwalior Development Authority. In such circumstances, it will be the duty of the Gwalior Development Authority to complete the work. Gwalior Development Authority shall complete the development work of the blocks owned by the Sarika Grih Nirman Sahakari Sanstha and Ankit Grih Nirman Sahakari Sanstha within a period of two months from today. Municipal Corporation, after inspection of the work shall take steps for taking over the colony. In the event, the Municipal Corporation finds that the development work done by the Gwalior Development Authoriy is not to its satisfaction, the Municipal Corporation shall complete and development work at their own expenses and shall recover the same from the Gwalior Development Authority. The entire colony will be developed before 31st December 2007. In the event, the Municipal Corporation finds that the development work done by the Gwalior Development Authoriy is not to its satisfaction, the Municipal Corporation shall complete and development work at their own expenses and shall recover the same from the Gwalior Development Authority. The entire colony will be developed before 31st December 2007. It is made clear that if any of the directions made herein above are not complied with, the person who is found at fault shall be liable for contempt of court. 9. Petition stands disposed of. 10. Amount of security, if deposited, shall be refunded to the petitioner after due verification.” 8. Thereafter, the Collector, Gwalior had taken the matter in suo motu revision in regard to mutation of the land in favour of Shankar Lal S/o.Sukha and other persons and their legal representatives and then vide order dated 27.06.2011 Annexure P/14, the Collector set aside the order of mutation dated 10-05-1990 and ordered that correction of entry be made in the revenue record and the land be recorded as Government land and appropriate action shall be taken for taking possession. As there were some discrepancies in the order, in regard to survey numbers and area of the land, on 28-06-2011, the Collector amended the order passed on 27-06-2011 and it is mentioned in the order that the area be read as “26 bigha 6 biswa of survey Nos. 896, 897, 898, 900, 901, 902, 903, 904, 915, 917, 918, 919, 920, 922, 923, and 924”. 9. Learned Senior Counsel appearing on behalf of the petitioner-Society, has contended that none of the members of the society had been given opportunity of hearing by the Collector. Apart from this, earlier the right of ownership has been decided by various authorities, including the Collector and the Civil Court. In such circumstances, subsequently the Collector, has no power and authority to pass an order in suo motu revision. It is further contended that the Collector passed the order beyond his jurisdiction because the limitation for suo motu revision is 90 days. However, in present case, the Collector had taken the matter in suo motu revision after a period of near about 19 years and no reason has been assigned for this inordinate delay. It is further contended that the Collector passed the order beyond his jurisdiction because the limitation for suo motu revision is 90 days. However, in present case, the Collector had taken the matter in suo motu revision after a period of near about 19 years and no reason has been assigned for this inordinate delay. In support of his contentions, learned Senior Counsel relied on the Full Bench decision of this Court in the case of Ranveer Singh & Another Vs.State of M.P. reported in 2010 RN 409 =2010(3) JLJ77=2010(5)MPHT 137. 10. Contray to this , learned Additional Advocate General and learned Deputy Advocate General have contended that the land was of the ownership of the State and the mutation was ordered on the basis of Civil Court decree, which was not binding on the State hence, the Collector has rightly passed the order. 11. As mentioned the facts above in the order, ealier also in the year 1978 encroachment proceedings were initiated against Shankar Lal S/o. Dalchand. Those proceedings were dropped on the ground that the aforesaid person and his forefathers were in possession of the land prior to Samvat 1932, hence, they were not encroachers and they were agriculturists of the Government. Shankar Lal S/o. Sukha and other family members also filed a suit for declaration and permanent injunction, which was registered as Civil Suit No.222-A/1967. It is mentioned in the Civil Suit that Devi was Maurishi Kastkar of the land and his name was recorded as Pakka Krishak in the entries of Samvat 2009-2018 and thereafer after his death Sukha came in possession of the land and after death of Sukha, his heirs-plaintiffs came in possession of the land and they were “Bhumiswami” of the land. The trial Court granted decree of permanent injunction after holding that the plaintiffs were “Bhumiswami” of the land, then the names of the plaintiffs were recorded as owners of the land and same was mentioned in the revenue record. A mutation order was passed by the Collector. Even though, a No Objection Certificate was also granted by the Collector. The trial Court granted decree of permanent injunction after holding that the plaintiffs were “Bhumiswami” of the land, then the names of the plaintiffs were recorded as owners of the land and same was mentioned in the revenue record. A mutation order was passed by the Collector. Even though, a No Objection Certificate was also granted by the Collector. Thereafter, the land was purchased by the Cooperative Societies and the Cooperative Societies entered into an agreement with Gwalior Development Authority and they had given 50% of the land to Gwalior Development Authority and after approval from the Joint Director, Town and Country Planning Department, the residents of the petitioner-Society who are 214 in numbers had constructed the houses. Nobody objected about the right of ownership. Even though, a writ petition was filed by the petitioner-Society named as “Sharda Vihar Colony” befor this Court which was registered as Writ Petition No.1554 of 1999 and Court issued certain directions. 12. The Division Bench of this Court disposed of the aforesaid writ petition vide order dated 09-08-2007. In the aforesaid writ petition the Collector, Municipal Corporation and Gwalior Development Authority were also parties as respondents. They did not object about the ownership of the land and subsequently, the Collector initiated suo motu revision and set aside the mutation order which was passed on 10-05-1990 and ordered that the land is of the ownership of the Government. No reasons have been assigned by the Collector to entertain the revision after a period of 19 years because the revision was registered as suo motu in the year 2008-2009. 13. The Full Bench of this Court in the case of Ranveer singh and another (supra) has held as under in regard to power to take the matter in suo motu revision beyond certain period of limitation:- “Ex consequenti, we hereby hold that in order to exercise suo motu power of revision envisaged under Section 50 of the Code and looking to the scheme Chapter V, it should be exercised by the Revisional Authority within 180 days from the date of the knowledge of the proceedings of any Revenue Officer subordinate to it and it will not be justifiable to stretch it for any length of period even for protection of the Government land or public interest.” 14. From the aforesaid judgment passed by Full Bench of this Court, it is clear that beyond the period of 180 days from the date of knowledge the authority has no power to take the matter in suo motu revision. 15. In the persent case, the Collector had knowledge about the land because he was the party in Writ Petition No.1554 of 2009. Even though, the Collector had passed an order granting No Objection Certificate and also passed an order that the land was not in excess under Urban Land Ceiling Act. 16. Apart from this, the Gwalior Development Authority was also granted 50% of the land as per the agreement. Hence, in our opinion, the initiation of proceedings in suo motu revision, were beyond the period of limitation, hence, null and void. 17. None of 214 members of the petitioner- society who have constructed their houses over the land and the Cooperative Societies, namely, Devsthan Grih Nirman Sahakari Sanstha, Adhunik Grih Nirman Sahakari Sanstha and Sarika Grih Nirman Sanstha and also Gwalior Development Authority were added as parties. By the Collector neither they were given any opportunity of hearing, only Shakar Lal S/o. Sukha and other sons and daughters of Sukha and their legal representatives,i.e. Shri Dhan Pal S/o. Lalarm, Shri Madan s/o. Lalaram, Shri Ibbal S/o. Lalaram, Smt. Meera D/o. Lalaram, Shri Pratap, S/o. Lalaram, Smt.Usha D/o. Narayan, all are residents of village Mahalgaon, Tehsil and District Gwalior, were made parties in the suo motu revision. Hence, the order suffers from illegality of non-joinder of the parties. 18. Learned Deputy Advocate General has placed photo copies of the First Appeal under Section 96 of CPC and application filed under Order 9 Rule 13 of CPC by the State in regard to set aside the ex-parte judgment and decree dated16-10-1968 passed by the 3rd Civil Judge, Class-II, Gwalior in Civil Suit No. 222-A/1967. The aforesaid appeal was filed by the Collector and Tehsildar (Nazul), District Gwalior on 19-04-2010. An application under Section 5 of the Limitation Act has also been filed. Both these cases are pending before the competent Civil Court. The cases were filed by the Collector and Tehsildar (Nazul) and after filing of the aforesaid cases, during pendency of the aforesaid cases,the Collector himself passed the impugned order in suo motu revision on 27-06-2011 and declared the land as Government land also set aside the mutation order. Both these cases are pending before the competent Civil Court. The cases were filed by the Collector and Tehsildar (Nazul) and after filing of the aforesaid cases, during pendency of the aforesaid cases,the Collector himself passed the impugned order in suo motu revision on 27-06-2011 and declared the land as Government land also set aside the mutation order. He also declared that the possession of the land be also taken. It means that he himself granted the relief. He filed an appeal and an application under Order 9 Rule 13 of CPC before the Competent Civil Court, which are pending for adjudication. When he himself filed proceedings before the competent Civil Court, then he was not competent to pass an order in his capacity in suo motu revision. Apart from this, prime facie earlier to the order of the Collector, all authorities have decided the dispute and accepted the ownership of the land. Even though, 50% of the land was granted to Gwalior Development Authority and over the remaining 50% of the land, members of the Cooperative Society constructed the houses after getting permission from the Town and Country Planning Department in accordance with the map. In such circumstances, in our opinion, the order passed by the Collector in suo motu revision is arbitrary and illegal. From the proceedings, we have gathered an impression that the action of the Collector is a naked abuse of process of law. It is in utter violation of rules of law and provisions of M.P. Land Revenue Code. It appears from the record that the authority lacks basic knowledge of law. 19. The Collector in the impugned order has also observed that the Superintendent, Land Records, ordered mutation on 10-05-1990 on the basis of the decree granted on 18-10-1968 after a period of 22 years. However, the decree became void after a period of 12 years and no mutation can be ordered on the basis of the aforesaid decree. The decree is for permanent injunction. Article 136 of the Limitation Act, 1963 provides limitation for execution of decree but there is no limitation provided for enforcement for execution of the decree granting a perpetual injunction. The relevant Article is as under:- 136. The decree is for permanent injunction. Article 136 of the Limitation Act, 1963 provides limitation for execution of decree but there is no limitation provided for enforcement for execution of the decree granting a perpetual injunction. The relevant Article is as under:- 136. For the execution Twelve [When] the decree or order of any decree (other than years becomes enforceable or where a decree granting a man- the decree or any subsequent datory injunction) or order order directs any payment of of any Civil Court money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place. Provided that an application for enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. 20. Consequently, the petition of the petitioner - Society is allowed. The impugned order Annexure P/14,dated 27-07-2011 and Annexure P/15, dated 28-06-2011 are hereby quashed. It is hereby clarified that the State Authorities are at liberty to pessue their remedy before the Civil Court in accordance with law. The observations made by this Court in this writ petition shall not affect the merits of the case in the adjudication which is pending before the Civil Court and the Civil Court would be at liberty to decide the same in accordance with law. No order as to costs.