Full Judgment
Writ Petition No.19231/2012 1.2.2013 Shri Amitabha Gupta, learned counsel for the petitioner.
Shri Kumaresh Pathak, learned Deputy Advocate General for the State/respondents.
By this Public Interest Litigation, the petitioner is inter alia alleging that there is a deliberate change in the revenue record pertaining to KhaSr.No.457 of the village Orchha,, Tahsil Orchha, District Tikamgarh from Abadi to Chaaturbhuj without following due process of law.
The petitioner is also aggrieved with the show cause notices issued to the occupants of land under section 248 of the Madhya Pradesh Land Revenue Code.
According to the petitioner the revenue authorities have clandestinely destroyed the relevant pages of the field book containing entries from 1978-79 to 1982-83 and, therefore, when the copy of the KhaSr.No.457 was obtained in the year 2012 for the years ranging from 1978-1988 a remark was found to be written to the effect that the pages of the aforesaid years are torn off.
This allegation, if true, is indeed a serious one since it pertains to the alteration of revenue records which contain record of valuable rights of citizens.
But Mr.Pathak, learned Deputy Advocate General denies any deliberate mutilation of any revenue record.
However, in the interest of justice we consider it appropriate to direct the Collector, Tikamgarh to hold a preliminary inquiry into the allegations made in the petition referred to above and if necessary take appropriate action against the erring officials by instituting a departmental inquiry or prosecution as may be found advisable.
The Collector, Tikamgarh shall submit a report to this Court in that regard after the inquiry is completed.
The other question raised by the petitioner is regarding unauthorized eviction from the land bearing KhaSr.No.457 of the occupants including him.
According to Shri Pathak the occupants who are encroachers on the land alone are being removed.
The learned counsel for petitioner points out the documents from Annexure P9 to Annexure P10 A to F to demonstrate that the occupants are not encroacheRs.In any case this would be a matter which would have to be decided after hearing the petitioner and affected persons and perusing the record.
We accordingly direct the respondents to take a decision on the show cause notice issued to the petitioner and occupants of the land along with their reply after affording an opportunity of personal hearing to them.
The respondent shall pass a reasoned order thereon and communicate it to the petitioner and affected persons.
Till such a decision is taken, the petitioner and affected persons shall not be evicted.
With these observation, the petition is disposed of.
There shall be no order as to costs.
Certified copy as per rules.
(S.A.BOBDE) (AJIT SINGH) CHIEF JUSTICE JUDGE ss