DOLUMAL SUNDERDAS Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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(1.) BY this petition under Article 226 of the Constitution, the petitioner seeks a writ of certiorari for quashing an order dated 28th July 1965 passed by the commissioner, Raipur, and the order of the Board of Revenue, Madhya Pradesh, passed on 16th February 1966 upholding the Commissioner's order.
(2.) THE petitioner had applied for allotment of Khasra Nos. 52 and 54 in mouza purena under Section 162 (as it stood then) of the Madhya Pradesh Land Revenue code, 1959. The Additional Collector, Raipur, after inviting objections, allotted the land to the petitioner by order dated 17th October 1963 and directed that the nistar Patrak be accordingly modified. In pursuance of the said order a patta was also granted to the petitioner.
(3.) THE Commissioner, Raipur Division, Raipur, however, set aside the order of the additional Collector in exercise of suo motu revisional powers on the ground that the Additional Collector had no jurisdiction to allot the land under Section 162 (1)of the M. P. Land Revenue Code, 1959. In appeal the Board of Revenue also came to the same conclusion. The Board of Revenue was of the view that under Section 162 (1) the competent officer to allot the land was the Tahsildar and not the collector. The petitioner's prayer for regularising the proceedings and for remitting the case to the Tahsildar was also rejected.;
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