JAGANNATH MEHRA v. STATE OF M.P AND OTHERS

SMT. DEOKI BAI VS. STATE OF M.P AND OTHERS W.P NO.23379/2017 SHAHDEO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.23387/2017 HARDIK RAM SONARE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.23390/2017 MANIKRAO WAMANKAR (MEHRA) VS. STATE OF M.P AND OTHERS 4 W.P NO.23501/2017 MEHGILAL GUJRE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.813/2018 SMT. BAINA BAI VS. STATE OF M.P AND OTHERS W.P NO.978/2018 RAJESH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1069/2018 KUSNA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1101/2018 MUNIRAJ MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1105/2018 SURAJMAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1108/2018 MAHADEO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1155/2018 SMT. PUSHPA @ GYARSI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1157/2018 NANDKISHOR MEHRA VS. STATE OF M.P AND OTHERS 5 W.P NO.1162/2018 RAVI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1501/2018 ROOPLAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1513/2018 OMPRAKASH MASODKAR (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.1515/2018 SHIVCHARAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1561/2018 NARAYAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1571/2018 SHESHRAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1579/2018 KHUSHYAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1859/2018 KHEMRAJ MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1860/2018 BHOJRAO MEHRA VS. STATE OF M.P AND OTHERS 6 W.P NO.1864/2018 KADMA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1870/2018 KRISHNA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1873/2018 SMT. KAUSHALYA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1874/2018 SMT. BANU @ SHAKUNTALA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2075/2018 BHEEVA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2077/2018 RAMDAS MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2081/2018 SHYAMRAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2085/2018 SAMPAT MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2086/2018 SUNIL KUMAR BAMANE (MEHRA) VS. STATE OF M.P AND OTHERS 7 W.P NO.2089/2018 BHAIYALAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2090/2018 GONDU MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2091/2018 SMT. GUNTA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2096/2018 DHARMARAJ BHATKARE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.3150/2018 GOKUL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.3151/2018 SMT. SARASWATI BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.3867/2018 SMT. PHOOLWANTI VS. STATE OF M.P AND OTHERS W.P NO.3922/2018 BALDHARI KATIYA (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.3924/2018 BALLU MEHRA VS. STATE OF M.P AND OTHERS 8 W.P NO.3927/2018 FAKIR KATIYA VS. STATE OF M.P AND OTHERS W.P NO.3929/2018 SHIVCHARAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.5265/2018 POORAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.5267/2018 OMKAR MEHRA VS. STATE OF M.P AND OTHERS W.P NO.5270/2018 ARJUN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.5294/2018 KRISHNA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.5295/2018 PREMVATI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.5296/2018 GULAB MEHRA VS. STATE OF M.P AND OTHERS W.P NO.6320/2018 CHANDANLAL KOTWAR VS. STATE OF M.P AND OTHERS 9 W.P NO.6324/2018 MAYA BAI BAIKAR (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.6326/2018 GULAB MEHRA VS. STATE OF M.P AND OTHERS W.P NO.6327/2018 GOVIND RAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.6328/2018 SMT. DURGA BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.7944/2018 SMT. GENDA BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.8488/2018 GHANSHYAM MEHRA VS. STATE OF M.P AND OTHERS W.P NO.10688/2018 DHAN SINGH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.13199/2018 GANESH BELE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.14078/2018 GANESH KAJODE (MEHRA) VS. STATE OF M.P AND OTHERS 10 W.P NO.14081/2018 ANAND PRASAD (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.14128/2018 JAGANNATH OGAHE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.18481/2018 SMT. BINIYA BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.20802/2018 POORANLAL MAHOBIA VS. STATE OF M.P AND OTHERS W.P NO.24108/2018 INDRADEO PANDOLE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.27052/2018 SMT. DEEPA BAI DAHIYA VS. STATE OF M.P AND OTHERS W.P NO.27152/2018 KHEMCHAND MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27209/2018 GULAB MEHRA VS. STATE OF M.P AND OTHERS 11 W.P NO.27212/2018 MAROTI RAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27271/2018 SHYAMBHAJAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27286/2018 KALURAM MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27296/2018 DHARAMRAJ MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27301/2018 SHAILENDRA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27304/2018 RAMESH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27305/2018 MAROTI RAO VS. STATE OF M.P AND OTHERS W.P NO.27423/2018 SMT. GANGA BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27427/2018 RAMNATH MEHRA VS. STATE OF M.P AND OTHERS 12 W.P NO.27496/2018 SMT. VIMLA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.27498/2018 SMT. SHANTA BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.28762/2018 SHYAMRAO KOSHE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.28768/2018 UMRAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.28771/2018 BHIMRAO NAGDE (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.28773/2018 NAMDEO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.28971/2018 BALIRAM MEHAR VS. STATE OF M.P AND OTHERS W.P NO.29281/2018 KUNWARLAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.29282/2018 SMT. PUSHPA MEHRA VS. STATE OF M.P AND OTHERS 13 W.P NO.29287/2018 NARAYAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.29391/2018 VITTHAL RAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.29392/2018 SMT. ANUSUIYA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.616/2019 SAHEBRAO AMBULKAR (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.1154/2019 NILESH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1158/2019 DHANRAJ MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1164/2019 TARNATH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1264/2019 DEVIDAS MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1270/2019 MOTIRAM MEHRA VS. STATE OF M.P AND OTHERS 14 W.P NO.1338/2019 SURYABHAN MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1369/2019 DASHRATH SHESHKAR MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1370/2019 NANDKISHOR MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1372/2019 KHUSHYAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1869/2019 NITIN KUMAR MEHRA VS. STATE OF M.P AND OTHERS W.P NO.1875/2019 PUNIYA BAI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2343/2019 DEORAO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2344/2019 GANESH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2346/2019 DHANNU MEHRA VS. STATE OF M.P AND OTHERS 15 W.P NO.2364/2019 ASHISH MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2366/2019 NAMDEO MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2528/2019 BALAJI MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2532/2019 YUVRAJ MEHRA VS. STATE OF M.P AND OTHERS W.P NO.2537/2019 HEMRAJ MEHRA VS. STATE OF M.P AND OTHERS W.P NO.3670/2019 SOHANLAL MEHRA VS. STATE OF M.P AND OTHERS W.P NO.3671/2019 KACHRYA MEHRA VS. STATE OF M.P AND OTHERS W.P NO.3829/2019 LATA PANDAGARE VS. STATE OF M.P AND OTHERS W.P NO.3835/2019 SMT. SUKWANTI MEHRA VS. STATE OF M.P AND OTHERS 16 W.P NO.6259/2019 RAMNARESH DAHIYA VS. STATE OF M.P AND OTHERS W.P NO.6263/2019 MADHU MEHRA VS. STATE OF M.P AND OTHERS W.P NO.6269/2019 RAMNARESH DAHIYA VS. STATE OF M.P AND OTHERS W.P NO.9740/2019 SMT. JAIVANTI BAI NAGLEY (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.10328/2019 SMT. GEETA CHANDELKAR (MEHRA) VS. STATE OF M.P AND OTHERS W.P NO.10902/2019 RAM SURESH DEHARIYA VS. STATE OF M.P AND OTHERS W.P NO.14878/2019 RAMKISHAN CHADAR VS. STATE OF M.P AND OTHERS W.P NO.14879/2019 NANDKISHOR KOSHTI VS. STATE OF M.P AND OTHERS 17 W.P NO.27396/2019 HEERALAL AND OTHERS VS. STATE OF M.P AND OTHERS W.P NO.9122/2020 RAMESH PASI VS. STATE OF M.P AND OTHERS W.P NO.15964/2020 LAKHAN LAL CHADAR VS. STATE OF M.P AND OTHERS W.P NO.15965/2020 BHAGONI CHADAR VS. STATE OF M.P AND OTHERS W.P NO.15967/2020 BALRAM CHADAR VS. STATE OF M.P AND OTHERS W.P NO.17709/2020 DALCHAND BASOR VS. STATE OF M.P AND OTHERS W.P NO.19779/2020 MOHAN CHADAR VS. STATE OF M.P AND OTHERS W.P NO.1714/2021 RAMKISHAN VS. STATE OF M.P AND OTHERS W.P NO.2029/2021 BHUPAT CHADAR VS. STATE OF M.P AND OTHERS 18 W.P NO.2030/2021 RAMNARAYAN CHADAR VS. STATE OF M.P AND OTHERS W.P NO.2039/2021 SUNDAR LAL CHADAR VS. STATE OF M.P AND OTHERS W.P NO.15236/2021 SMT. BEENA DEHARIYA VS. STATE OF M.P AND OTHERS W.P NO.22837/2021 BAHADUR CHADAR VS. STATE OF M.P AND OTHERS W.P NO.22859/2021 BALKISAN KHANGAR CHADAR VS. STATE OF M.P AND OTHERS W.P NO.22865/2021 RAMESH CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23270/2021 NARHARI CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23271/2021 KAMLESH CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23272/2021 MUNNA LAL RAI (KHANGAR) VS. STATE OF M.P AND OTHERS 19 W.P NO.23278/2021 MUNNA LAL CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23279/2021 RAMLAL CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23330/2021 HARISINGH CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23342/2021 VISHAMBHAR CHADAR VS. STATE OF M.P AND OTHERS W.P NO.23344/2021 MANOJ CHADAR VS. STATE OF M.P AND OTHERS W.P NO.24360/2021 LEELADHAR CHADAR VS. STATE OF M.P AND OTHERS W.P NO.24363/2021 AALAM CHADAR VS. STATE OF M.P AND OTHERS W.P NO.24372/2021 PURUSHOTTAM CHADAR VS. STATE OF M.P AND OTHERS W.P NO.24590/2021 KASHIRAM CHADAR VS. STATE OF M.P AND OTHERS 20 W.P NO.24591/2021 BIHARI CHADAR VS. STATE OF M.P AND OTHERS W.P NO.24593/2021 GANESH CHADAR VS. STATE OF M.P AND OTHERS W.P NO.24594/2021 JAGDISH DHANAK (BASOR) VS. STATE OF M.P AND OTHERS W.P NO.24598/2021 DAULAT KORI VS. STATE OF M.P AND OTHERS Present:- Shri Mohanlal Sharma, Shri Subodh Kathar, Shri Lalji Kushwaha and Shri Bhupendra Kumar Mishra, learned counsel for petitioners. Shri Vivek Sharma, learned Dy. Advocate General for respondent no.1. Shri Rajesh Maindiretta, learned counsel for respondent no.3. Shri V. S. Choudhary, learned Panel Lawyer for respondent/State. ----------------------------------------------------------------------------- (i) Petitioners have filed this Bunch of writ petitions before this Court under Article 226 of the Constitution of India praying that they are Kotwars in village and they were occupancy tenant’s and, therefore, they may be declared Bhoomi Swami and to quash circulars and orders issued by the State Government. 21 (ii) Writ petitions filed by petitioners is categorized into three types of cases so that identical writ petitions can be adjudicated enblock together by same order. (iii) First category of writ petitions are those cases in which challenge is made to circular of State Government dated 28.2.2017 and letters written to Revenue OfÏcers pursuant to aforesaid circular for collecting data and sending information regarding service land of Kotwar which are to be entered as lands of State Government in revenue records. (iv) In Second category of cases, order passed by Collector determining the rights of petitioners as Bhoomi Swami is under challenge. Petitioners had not preferred First or Second Appeal against the orders of Collector and had directly approached this Court by filing writ petitions, and; (v) In third category of cases, petitioners have exhausted all the remedies available to them and they are before this Court for declaring them Bhoomi Swami as they are occupancy tenants when M.P. Land Revenue Code, 1959 was brought into force. (vi) On basis of said categorization, in all identical and similar cases, common order is being passed in f irst category of cases where challenge is made to circular of State Government dated 28.2.2017 and letters issued to Revenue OfÏcer pursuant to aforesaid circular, following order is passed:- O R D E R Principal Secretary, Govt. of M.P, Revenue Department has issued a circular to all collectors of State of M.P. on 22

28.2.2017 wherein direction was given to take action under relevant provisions of M.P. Land Revenue Code, 1959 in respect of service land which has been included in Municipal Corporation, Nagar Panchayat and Nagar Pallika area, if other Government land is available for Kotwars then such land be declared as Naz ul land and revenue entries be altered in records as land belonging to State Government. Pursuant to circular dated 28.2.2017, Revenue OfÏcers had written a letter to Subordinates to give details of service land as mentioned in circular for further action.

#2. Petitioner’s had challenged aforesaid circular and letter on grounds that same are illegal, arbitrary and contrary to law. It is submitted that said circular and letter is contrary to circular dated 3.3.2010 and

14.10.2014. By said circular directions were issued pursuant to declaration of Chief Minister that Kotwars will be given Bhoomi Swami Rights over land which was given to them by Malgujars for rendering service. In said circular, reference has been given to letter no.9-19/90/7 Bhopal dated 4.2.1999 and letter dated 2-6/07/7-1 dated

23.2.2008 wherein directions were given that lands given to Kotwars by Malgujars for personal service shall be examined and Collector has to determine whether any land was given to Kotwars by Malgujars for doing personal service.

#3. Facts from W.P No.1158/2019 are taken up to decide identical issue between the parties.

#4. Petitioner is Gram Kotwar of Village Aathner, District Betul and he was occupancy tenant over Khasra No.187 Area 2.3310 Hectare. Since petitioner and his forefathers 23 were Kotwars were given service land and they are occupancy tenant (Marushi Krishak) since 1917-18, therefore, they have acquired Bhoomi Swami rights over land . Reliance was also placed on orders passed by this Court in Shankarlal and others vs. Collector, District Narsinghpur and others ( W.P No.939/2009, Tulsiram Chadar vs. State of M.P. and others, (W.A No.682/20185) and Teekaram and others vs. State of M.P. and others, (W.P No.2064/2000) dated 3.5.2001. Relying on said judgments, it was submitted that circular of State Government dated 28.2.2017 and letter of S.D.O dated 13.11.2017 be quashed.

#5. Respondents had filed their reply and they adopted the return filed in W.P No.19433/2017 ( Tulsiram Chadar vs. State of M.P. and others) in all Writ Petitions. It was submitted that as per Madhya Pradesh Swamitwa Adhikaro (Malikana Hak) (Ilako, Mohalla, Dumala Bhumi) Ka Aant Karne Ka Adhiniyam, 1950, Gram Kotwar is holding two types of land, one is for village service and second for personal service of the Malgujars. If land was given to Kotwar by Malgujars for personal service then said Kotwar will be occupancy tenant in view of Section 45(3) of the Adhiniyam of 1950 and land which was given to Kotwars for village service, then he is holding it from the State as service land and this will be governed by Central Province Tenancy Act, 1920. In case of service land given to Kotwar for village service, he will not acquire the status of occupancy tenant and he does not acquire any right over such land and said land is attached to post of Kotwar. Petitioners are holding land’s for village service on behalf of Malgujars/Jamindars and after abolition of said system, all lands belonged to State, 24 therefore, petitioners are not occupancy tenant and Bhoomi Swami rights are not conferred on them, therefore, Writ Petitions be dismissed.

#6. Heard learned counsel for the parties.

#7. Petitioners have challenged circular dated 28.2.2017 which was passed by Principal Secretary, Govt. of M.P., Revenue Department. In said circular, direction was given to Collector to make entries in revenue record of service land situated in Nazul Area in name of State of M.P. Said action has to be taken in accordance with provisions of M.P. Land Revenue Code, 1959. While taking such action it has to be considered that other Government land is available for Kotwar or not.

#8. If service land is included by notification in Nagar Panchayat, Nagar Palika and Municipal Corporation areas and if other Government land is available to Kotwar then such land is to be declared as Nazul land and entries in name of State in Revenue record as per Section 183(6) of the Land Revenue Code, 1959, is to be made.

#9. Section 183(6) of M.P. Land Revenue Code, 1959 is quoted below:- “183(6) (6) The service lands situated — (a) in an urban area; (b) in such area for which development plan has been approved; or (c) in such area beyond the outer limit of urban area, as notified by the State Government, shall cease to be service land from the date as notified by State Government and the Tahsildar shall cause necessary changes in the land records.] ” 25

#10. In view of provisions of Section 183(6) of the Code, Tehsildar has jurisdiction and power to make necessary changes in revenue record if service land situated in urban area or in such area where development plan has been approved or in such area beyond outer limit of urban area as notified by State Government. Circular dated

28.2.2017 which has been issued to all Collectors by Principal Secretary, Govt. of M.P. Revenue Department, is in consonance with Section 183(6) of the Code, and direction were only issued in accordance with the Code. Circular nowhere states that land of Malgujars in which Kotwar had acquired Bhoomi Swami rights be entered in revenue record as land belonging to State Government. Letter dated 13.11.2017 has been issued by S.D.O to Tehsildar pursuant to circular dated 28.2.2017, therefore, no illegality is found in said circular. If petitioners have acquired Bhoomi Swami rights then they are at liberty to establish said rights before Collector. Petitioners had challenged the circular of State Government and letters and no illegality or arbitrariness is found in order circular and letters. Collector has not examined rights of Kotwar and conferral of Bhoomi Swami rights on them by virtue of being occupancy tenant.

#11. Petitioners in first category of cases are free to establish before Collector that they are occupancy tenant and Bhoomi Swami rights have accrued to them on coming into force M.P. Land Revenue Code.

#12. In view of same, circular dated 28.2.2017 and letter dated 13.11.2017 are upheld. Said circular and letter is not contrary to circular issued by State Government dated

3.3.2010 and 14.10.2014. 26

#13. Resultantly, writ petitions filed by petitioners are dismissed with liberty to petitioners to establish their rights before Collector.

#14. If petitioners file an application regarding declaration of Bhoomi Swami rights on them, then Collector shall examine it in accordance with circular of State Government and M.P. Land Revenue Code, 1959 and pass appropriate orders.

#15. With the aforesaid liberty, these writ petitions are dismissed. (VISHAL DHAGAT) JUDGE