- (1.)IN short, the petitioner was allotted a land comprised in survey No. 204 in area 2 hectares by way of settlement vide order of Tahsildar, tahsil Kolaras (District Shivpuri) marked as Annexure P/3 dated 23-5-1987. It is stated that possession was handed over to the petitioner pursuant to the order of settlement and since then the petitioner has been continuing in cultivating possession as revealed in the Khasra of the year 2004-05 marked as Annexure p/4. It is pertinent to note that in column No. 5 crops of soyabeen and wheat are mentioned whereas in Column No. 12 it is mentioned that the land has a facility of irrigation by a personal tube well. Name of the petitioner is also recorded as bhumiswami, however, with a prohibition of sale.
(2.)RESPONDENTS No. 1 and 2 submitted a revision after a lapse of 13-14 years before the Additional Commissioner, Gwalior Division against the order of settlement dated 23-5-1987. This was allowed vide order dated 14-9-2001 vide annexure A/2 on the ground that notice of thirty days was not issued and case number was also riot mentioned in the notice. Similarly no date was shown in the proceedings about fixation of the notice. It was further observed that entire proceeding for settlement was concluded within a month and order of settlement was issued. In view of this, order contained in Annexure P/2 was passed with an observation that prima facie the order of settlement seems to have been passed for giving undue advantage to unqualified persons.
(3.)AGGRIEVED by the aforesaid, the petitioner preferred Revision No. 1841-PBR/2001 before the Board of Revenue which, too, has been dismissed on 30-4-2005 vide Annexure P/1.