BEGAM SURAIYA RASHID Vs. STATE OF MADHYA PRADESH
LAWS(SC)-2006-2-51
SUPREME COURT OF INDIA
Decided on February 20,2006

BEGAM SURAIYA RASHID Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

MAHILA BAJRANGI VS. BADRIBAI [REFERRED TO]
DHANVANTHKUMARIBA VS. STATE OF GUJARAT [REFERRED TO]



Cited Judgements :-

UNIVERSITY OF BURDWAN VS. PRASANTO CHATTERJEE [LAWS(CAL)-2007-12-10] [REFERRED TO]
BAGADIRAM VS. SHIVNARAYAN [LAWS(MPH)-2014-4-89] [REFERRED TO]
STATE OF C.G. VS. CHHATTISGARH BOARD OF REVENUE AND ANOTHER [LAWS(CHH)-2017-7-67] [REFERRED TO]


JUDGEMENT

H.K.Sema, J - (1.)LEAVE granted.
(2.)THE facts of this case revolves as to how the appellants clandestinely and by suppressing the facts tried to grasp the public land measuring 59.17 acres in Khasra Nos. 943, 960, 961, 962 of Jahangirabad (Jail Bag) area of Bhopal city under the guise of order dated 2.3.1954 passed by the Jagir Commissioner in respect of land in Khasra Nos. 72/1, 73, 74, 75, 76 in village Dharampuri.
The facts of this case are cumbersome and may be recited briefly and strictly for the purpose of disposal of this appeal. The present disputed land measuring 59.17 acres in Khasra Nos. 943, 960, 961 and 962 was recorded in the name of jail department and situated in the area of Bhopal city near the Arera Hills in front of old jail premises since 1935. It appears that the area was developed as a garden having trees of Mangoes, Jamun, Lemon etc. and the same was used to let out to different contractors and the property was managed from the income received from the fruits grown in the garden. No revenue was assessed on that income as the land belonged to the State Government. It is not disputed that the said land was given on lease to one Shri Bhawani Singh and Shri Jameel Ahmed by the Superintendent of Jail for a consideration of Rs. 375/- per annum. Subsequently one Shri Rashiduzzafar Khan, the predecessor of the appellants, obtained a deed of relinquishment in his favour from the lessees Bhawani Singh and Jameel Ahmed. This was done without the concurrence and consent of the Government. Rashiduzzafar Khan continued using the land in the capacity of lessee and used to pay annual rent at the rate of Rs. 375/-.

Rashiduzzafar Khan, predecessor of the appellants submitted an application in August, 1960 to the Government for recording his name as a Bhumiswami in respect of the said land in Khasra Nos. 943, 960, 961 and 962. The same was, however, rejected by an order-dated 5.8.1962. Another application filed by the appellants herein was rejected on 29th/ 30th January, 1965 on the ground that the land in question was recorded in the name of jail department.

(3.)THEREAFTER, a proceeding under Section 248 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code') was initiated for eviction of the appellants in 1981. It was held that the appellants were the trespassers and order of eviction was passed by the Tahsildar on 16.9.1981. The Tashildar's order was challenged before the SDO which was dismissed on 19.3.1985. SDO's order was challenged before the Commissioner in second appeal and the same was dismissed by the Commissioner on 29.6.1989. The order of the Commissioner was challenged by filing M.P. No. 3978 of 1991, which was dismissed as withdrawn on 25.4.1998. Thereafter, the Commissioner's order was assailed before the Revenue Minister and he directed an enquiry in the matter and the said order was set-aside by the Government by its order dated 1.11.1991 on the ground that the Revenue Minister had no jurisdiction to pass such an order. This would show that the order of eviction passed by the Tahsildar on 16.9.1981 attained its finality.
Another attempt was made by the appellants by filing application under Section 57(2) of the Code on 14.11.1983 praying inter alia to declare Bhumiswami rights in their favour. The said application was filed before the SDO, Bhopal, on the basis of the registered deed dated 6.4.1940 executed by Bhawani Singh and Jameel Ahmed. This application was, however, not pursued by the appellants.



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