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2025 DIGILAW 144 (MP)

Charan Singh v. Bharat Singh

2025-02-27

MILIND RAMESH PHADKE

body2025
ORDER 1. This petition under Article 226 of the Constitution of India is preferred against the order dated 28.5.2019 passed by the Additional Commissioner, Bhopal Division District Bhopal in Appeal No.853/2017-18 whereby while allowing the appeal, order passed by SDO dated 9.3.2019 in first appeal No.853/2017-18 was set-aside wherein the order passed by Tehsildar dated 16.6.2017 in case NO.85/A-6-A/15-16 whereby the application for correction of entries in revenue records preferred by the present petitioner was rejected, set-aside. 2. 2. Learned counsel for the petitioner had argued before this Court that the order passed by the Additional Commissioner in the second appeal is per se illegal and dehors the provisions of deleted Section 116 of Madhya Pradesh Land Revenue Code, 1959 wherein an entry made in the land records prepared under section 114 of Madhya Pradesh Land Revenue Code, 1959 in respect of matters other than those referred to in section 108, could be corrected within one year of the date of such entry and for that the person is required to move an appropriate application before the Tehsildar for such correction within one year and only in those cases where corrections with regard to any entry made as per section 114 of Madhya Pradesh Land Revenue Code, 1959 are sought, the period of limitation of one year would come into play but as in the present case, since it was not correction of an entry made as per Section 114 of Madhya Pradesh Land Revenue Code, 1959 which deals with land record prepared for every village rather it was a case of correction of entry of land bearing survey No.299/2 situated at village Dharukhedi, Tahsil Kurwai District Vidisha, having area meantioned 24 and a half Bigha in the Khasra till year 1962-63, but later on was reduced by 10 Bigha and was included in survey number belonging to the respondents making their survey number in excess by 10 Bigha i.e. 298/2 area 28 Bigha 2 Biswa whereas the actual area in the village map of the lands of respondents was 18 Bigha 2 Biswa which was a mistake committed by Revenue Officers at the time of making entries in the records which deserves to be corrected but on technical ground of delay in moving the application, the application was firstly rejected by Tehsildar and thereafter the Additional Commissioner had allowed the second appeal and had set-aside the order passed by Sub-Divisional Officer whereby it was directed to correct the area of the survey numbers which appears to be wholly perverse and illegal. 3. 3. While referring to section 108 and 114 of Madhya Pradesh Land Revenue Code, 1959, it was argued that as per section 108(1)(a) the Revenue Authorities are required to prepare record-of-rights and maintain the same for every village area and for each sector of every urban area and such record shall include the names of all Bhumiswamis together with survey numbers or plot numbers held by them and purposes for which they are being used and their area and status of irrigation in case of land used for agriculture and as per section 114 the revenue authorities are required to prepare land records for every village which would include village map, abadi map and block map as per section 177, record of rights under section 108, village khasra or village field book in such Form as may be prescribed, Bhoo-Adhikar Pustika under section 114-A, details of all unoccupied land under section 233, Nistar Patrak under section 234, Wajib-ul-arz, if any, under section 242, details of diverted land and any other record as may be prescribed so on so forth. As per section 116 (now deleted), if any person is aggrieved by an entry made in the land records prepared under section 114 in respect of matters other than those referred to in section 108, he shall apply to the Tahsildar within one year for correction of such entry, which makes it clear that if the issue involved relates to section 108 of Madhya Pradesh Land Revenue Code, 1959, then the limitation of period of one year as provided under section 116 of Madhya Pradesh Land Revenue Code, 1959 shall not be applicable. Thus, the learned Commissioner has erroneously construed the aforesaid provisions and had allowed the appeal preferred by the present respondents which deserves to be set-aside. 4. On the other hand, learned counsel for the respondents submits that no illegality has been committed by the learned Additional Commissioner in allowing the appeal and setting aside the order of SDO whereby on wrong premise, the appeal preferred by the present petitioner was allowed and Tehsildar was directed to correct the revenue entries, which was rightly rejected by Tehsildar as the application was moved beyond the period of one year from the date of such entry. Thus, it is submitted that the present petition being devoid of merits be dismissed. 5. Heard learned counsel for the parties and perused the record. Thus, it is submitted that the present petition being devoid of merits be dismissed. 5. Heard learned counsel for the parties and perused the record. 6. For resolving the aforesaid controversy, certain provisions of Madhya Pradesh Land Revenue Code, 1959, are required to be analyzed and for reference section 108, 114 and 116 of Madhya Pradesh Land Revenue Code, 1959 since deleted w.e.f. 25.2.2018 are reproduced herein-below:- 108. Record of rights - (1) A record of rights shall, in accordance with rules made in this behalf, be prepared and maintained for every village area and for each sector of every urban area and such record shall include following particulars :- (a) the names of all Bhumiswamis together with survey numbers or plot numbers held by them and purposes for which they are being used and their area and status of irrigation in case of land used for agriculture; (b) the names of all Government lessees and such classes of lessees as may be specified by the State Government together with survey numbers or plot numbers held by them and purposes for which they are being used and their area and status of irrigation in case of land used for agriculture; (c) the names of all persons occupying the abadi of the village, or in urban area all persons occupying the land which was abadi of a village before the constitution of such urban area, as the case may be, along with the nature of their interest in land, plot numbers held by them and purpose for which the land is being used; (d) the nature and extent of interest in land assigned or granted to any person by the State Government or by the person authorised under any enactment or direction of the State Government or the Central Government along with - (i)the nature and extent of the respective interests of such persons and the conditions or liabilities, if any; (ii)the land revenue or lease rent payable by such persons if any; and (iii)such other particulars as may be prescribed. (2) The record of rights mentioned in sub-section (1) shall be prepared during a land survey or whenever the State Government may, by notification, so direct.] 114. Land records. (2) The record of rights mentioned in sub-section (1) shall be prepared during a land survey or whenever the State Government may, by notification, so direct.] 114. Land records. (1) Following land records shall be prepared for every village, namely :- (a) village map, abadi map and block map under section 107; (b) record of rights under section 108; (c) village khasra or village field book in such Form as may be prescribed; (d) Bhoo-Adhikar Pustika under section 114-A; (e) (i)details of all unoccupied land under section 233; (ii)Nistar Patrak under section 234; (iii)Wajib-ul-arz, if any, under section 242; (f) details of diverted land; and (g) any other record as may be prescribed. (2) Following land records shall be prepared for each sector in every urban area, namely : (a) sector map under section 107; (b) record of rights under section 108; (c) sector khasra or sector field book in such Form as may be prescribed; (d) Bhoo-Adhikar Pustika under section 114-A; (e) (i)details of all unoccupied land under section 233; (ii)land reserved for public purposes under section 233-A; (f) details of diverted land; and (g) any other record as may be prescribed.] 116. Disputes regarding entry in khasra or in any other land records. [Inserted by M.P. Act No. 15 of 1971 (w.e.f. 7-5-1971). ]- (1) If any person is aggrieved by an entry made in the land records prepared under section 114 in respect of matters other than those referred to in section 108, he shall apply to the Tahsildar for its correction within one year of the date of such entry. (2) The Tahsildar shall, after making such enquiry as he may deem fit, pass necessary orders in the matter.] 7. As per section 108 (1)(a), a record-of-rights is required to be prepared and maintained for every village area and such record includes the names of all bhumiswamis together with survey numbers or plot numbers held by them and purposes for which they are being used and their area and status of irrigation in case of land used for agriculture. 8. If in the light of aforesaid provision, the revenue entries prior to 1986 are seen, as mentioned in the order of SDO dated 9.3.2018, it would be observed that for land bearing survey No.299/2 area mentioned therein was 24 and a half Bigha but later on, the said area was mistakenly reduced by 10 Bigha. 9. 8. If in the light of aforesaid provision, the revenue entries prior to 1986 are seen, as mentioned in the order of SDO dated 9.3.2018, it would be observed that for land bearing survey No.299/2 area mentioned therein was 24 and a half Bigha but later on, the said area was mistakenly reduced by 10 Bigha. 9. So far as the maintaining of records under section 114 with regard to the objects mentioned in the said section, though it includes record of rights, as per deleted section 116, period of limitation would be reckoned only for the purpose of correction of any entry in the records prepared under section 114 excluding those referred to in section 108. Thus, when the legislature itself has excluded the entries made in the revenue records as per section 108 of Madhya Pradesh Land Revenue Code, 1959 from the clutches of section 116, according to this Court, limitation of one year in preferring the application for correction of entries wrongly or mistakenly made by the revenue authorities, thereafter would not be applicable. Accordingly, the grounds on which the appeal has been allowed by the Additional Commissioner do not sustain. 10. Accordingly, the present petition is allowed and the order of SDO is hereby restored. The Tehsildar is directed to correct the revenue entires forthwith. 11. With the aforesaid, the present petition stands disposed of.