This Writ Appeal is allowed, the order dated 05.06.2020 passed in Writ Petition No.2191/2020 is set-aside, and resultantly all the impugned orders therein are also set aside by HIGH COURT OF MADHYA PRADESH AT INDORE in the case of GARVIT KHANDELWAL V. THE STATE OF MADHYA PRADESH through HON’BLE JUSTICE VIVEK RUSIA
FACTS OF THE CASE
The facts of the case are that the appellant submitted an application before the Tehsildar on 18.05.2017 seeking correction of the land record that land use of the remaining land area of 0.134 hectares of survey No.219/2 be recorded for residential purposes. According to the appellant her grandmother Smt. Kalawati Devi had sold her agricultural land (total area of 0.125 hectares) to eight persons thereafter she had also sold part of the land for other than agriculture purposes to five persons (a total area of 0.0454 hectares). Although along with the aforesaid application, no sale deeds were annexed, and no other details were disclosed in it. The aforesaid application has been filed by the appellant through his power of attorney holder, the contents of the application are very vague in nature, even then the Tehsildar has entertained the application and obtained a report from Patwari but dismissed the application that the land being a diverted land to other than agriculture purpose, revenue authority under M.P. Land Revenue Code, 1959 is Tehsildar does not have jurisdiction to grant any relief.
Section 2 (31) of the Municipal Corporation Act,1956 also defines ‘the land’ which includes benefits arising out of land, houses and things attached to the earth. Section 7 of the Act of 1956 provides the constitution of Municipal Corporation and there shall be constituted a Municipal Corporation for a larger Urban area in accordance with the provisions of this Act. Section 135 of the Act of 1956 provides the imposition of Property Tax by the Municipal Corporation. Land which has been included in the Municipalities or the Municipal Corporation as the case may be is subjected to the imposition of taxes as it no more remains the land of the village. There are no provisions for charging land revenue on such land under the Act of 1956 or the Act of 1961, as provided in Adhiniyam,1993. The land within the village area forming the Gram Panchayat is liable to be entered in the land record maintained by the Revenue Authorities under the M.P. Land Revenue Code, 1959. Once the village has been included into the Municipalities or the Municipal Corporation as the case may be, it ceases the status of the village, hence, there would be no need to maintain the Khasra Panchshala or other land Records by the Revenue Authorities for such land. All these lands are subjected to the property tax and other tax payable under the Municipalities Act as well as Municipal Corporation Act, therefore, the Government is directed to examine as to why all revenue authorities are maintaining the land record of those land which are no more in the village and are included into municipalities or Municipal Corporation. So far as the land situated in other than village area, but the land records are being maintained by the Revenue Authorities of the respective areas, such records are also liable to be corrected or updated by the Revenue authorities under M.P. Land Revenue Code, 1959. In some urban areas where land is within the limits of Local Bodies like Municipal Corporation or Municipal Councils / Nagar Parishad still, the land records are being maintained by the revenue authorities despite that no agricultural activities are going on there hence such records are liable to be corrected or updated despite the nature of the land. Apart from the above legal position the appellant has nowhere stated that he is the only legal successor of late Kalawati Devi, who had sold the land to various persons. The petitioner has not filed any document to show that his name has been mutated in the revenue records as an exclusive owner of survey No.219/2 area 0.134 hectares. Therefore, the matter is remitted back to the authorities to examine and decide the application filed by the petitioner irrespective of the fact that the land is diverted land. Accordingly, Writ Appeal is allowed, the order dated 05.06.2020 passed in Writ Petition No.2191/2020 is set-aside, and resultantly all the impugned orders therein are also set aside.
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JUDGEMENT REVIEWED BY SHREYA NIDHI