The Jabalpur Bench of Madhya Pradesh High Court on July 1, disposed of a PIL and a Petition by a common order regarding a common piece of land.
The PIL filed by one Dharmendra Shrivastava impleading various official respondents as parties as also the private respondents namely Rakesh Katare, Savita Katare, and Mamta Dheemer respectively, with the prayer that the private respondents be restrained from taking possession of the government building/land which belongs to Excise and Ayush Departments and that the official respondents be directed to the lodged FIR against the main culprits.
On the other hand, a petition has been filed by Rakesh Katare and Savita Katare challenging the order dated 25.01.2018 passed by the Tehsildar, Sohagpur, District Shahdol (M.P.) on the complaint of Dharmendra Shrivastava. By the said order, the Tehsildar invoking his power under Section 32 of the M.P. Land Revenue Code, 159 restrained the Petitioners Rakesh Katare and Savita Katare from raising construction and further directed them to maintain status-quo on the nazul land, which was described as old Government Excise Warehouse Building.
Vijay Shukla, Counsel for Rakesh Katare and Savita Katare, submitted that the petitioners purchased the land with due permission from the Collector, Shahdol which would be evident from letter dated 28.10.2010 addressed to the Sub-Divisional Officer (Revenue), Sohagpur, pursuant to which an inquiry was conducted by the SDO and Patwari submitted a report to the Nazul Officer.
Ashish Anand Barnard, Deputy Advocate General, submitted that all the documents shall be looked into by the Tehsildar while submitting his report to the Collector. In the present controversy, the allegation has also been made that certain documents were obtained by the petitioners Rakesh Katare and Savita Katare in collusion with certain Revenue Officers and, therefore, the Tehsildar should be required to examine that aspect as well.
A Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla having regard to the submissions and looking to the fact that the Tehsildar, Sohagpur has already initiated proceedings in the matter by excising his power conferred under Section 32 of the Code, opinionated that Tehsildar would be in a better position to hold an inquiry into the matter by giving the opportunity of hearing to Rakesh Katare and Savita Katare to prove that the land in dispute does not belong to Government (Old Excise Warehouse Building) and that they are the bonafide purchaser of the said land from Mamta Dheemer vide registered sale-deed dated 06.09.2011 for a sale consideration of Rs 23,31,000.
The Court, therefore, directed the Tehsildar, Sohagpur to hold such inquiry by providing the opportunity of hearing to Rakesh Katare and Savita Katare, Mamta Dheemer to prove their title over the land in dispute and also provide the opportunity of hearing to the complainant before him and also to Dharmendra Shrivastava, who has filed PIL before the High Court.
The opportunity of hearing shall also be given to the representatives of the District Excise Officer, Shahdol, and District Ayush Officer, Shahdol, as it is alleged that the land in dispute belongs to those departments, the Court ordered.
“The Tehsildar shall also examine the authenticity and genuineness of the documents submitted before him by the parties for ascertaining the entitlement of ownership/title over the land in dispute and do the needful by submitting his inquiry report to the Collector, Shahdol. The aforesaid inquiry shall be concluded within a period of four months from the date of receipt of this order. Till then, the interim order of status-quo passed by the Tehsildar, Sohagpur dated 25.01.2018 shall continue,” the order reads.