Madhya Pradesh High Court Quashes Collector's Order on Land Ownership
Court upholds rights of bona-fide purchasers, emphasizes proper inquiry under Madhya Pradesh Land Revenue Code
In a significant judgment, the Madhya Pradesh High Court at Jabalpur has set aside orders passed by the Collector and the Commissioner concerning a land ownership dispute involving petitioners Ramesh Singh and others. The decision, delivered by Justice Himanshu Joshi, revolves around the suo-moto revisional powers exercised under Section 50 of the Madhya Pradesh Land Revenue Code, 1959, which were deemed inappropriate due to the lapse of time and lack of a full-fledged inquiry.
The case originated from a dispute over land initially allotted to Bhawanideen in 1978, which was later sold to the petitioners in 2004. The bone of contention arose when respondent No.4 lodged a complaint in 2016, claiming the land was government property. The Collector, Satna, acting suo-moto in 2017, upheld the claim without awaiting a comprehensive report, a decision supported by the Commissioner, Rewa, in 2022.
Justice Joshi emphasized the importance of adhering to procedural requirements under the MPLRC, notably the 180-day period for exercising suo-moto revisional powers post knowledge of any illegality. The judgment underscored that mutation and ownership entries, once finalized, cannot be reopened arbitrarily without a thorough investigation.
The court highlighted the failure of the authorities to conduct a detailed inquiry before stripping the petitioners of their status as bona-fide purchasers and "Bhoomiswamis." It noted that such actions could not be taken casually and must be backed by substantial evidence or a decree from a competent Civil Court.
In his ruling, Justice Joshi criticized the Collector for not conducting a full inquiry and relying on an earlier inconclusive report. He further stated that the sudden revisitation of the case after two decades, based on a complaint with potential ulterior motives, raised concerns about administrative efficiency and legal propriety.
The judgment reinforces the legal protection of bona-fide purchasers under civil law, asserting their substantial rights connected to land ownership. It serves as a reminder that due process and thorough investigation are paramount in adjudicating land disputes to prevent unnecessary chaos and legal uncertainties.
The court's decision to annul the orders dated 03.03.2020 and 21.10.2022 has been welcomed by the petitioners, reaffirming their ownership rights and emphasizing the necessity for legal authorities to act within statutory limits and procedural guidelines.
Bottom Line:
The suo-moto revisional powers under Section 50 of the Madhya Pradesh Land Revenue Code (MPLRC) must be exercised within 180 days from the date of knowledge of the alleged illegality or impropriety - Mutation and ownership entries that have attained finality cannot be reopened after decades without a full-fledged inquiry.
Statutory provision(s): Madhya Pradesh Land Revenue Code, 1959 Section 50, Article 227 of the Constitution of India
Ramesh Singh v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2793072
