HIOH COURT OF CHHATTISGAIUL BHASPUR Writ Petlt!on(Ci No. 1148 /2010 ^: Mela Das and another Vs. State ofChhattisgarh and others fEfi PostforZ-^ 03.2010 ^- Sd/- SunU Kumar Sinha Judge ia w "IK&:, 'll, '138v iftl HIGH COURT OF^THATTJSGARH. BILASPTIR PETITIONERS Writ Petition'Q No. 1148 /2.019 1. Mela Das, S/o Sbj-i Ran Das, aged about 42 years, Occupation Kotwar, VUlage Makdi, Qram Panchayat Ghaghra., Tahshil Kharsia, Distt. Ralgarh (C.G). 2. Hari Singh, son of SaMu Ram, aged about 32 years, Occupation Kotwar, Gram Panchayat Madanpiu-, Tah. Kharsia, Distt. Ralgarh (C.G). RESPONDENTS 7s. 1. State of Chhattisgarh, Through Secretary, Departinent of Revenue, Dau Kalyan Singh Bhawan, Raipur (C.G). 2. CoUector, Distt. Raigarh (C.G). 3. Sub-Divisional Officer (Rev.), Sub- DMsion Kharsia, District Raigarh (C.G) 4. Tahsildar Kharsia, Distt. Raigarh (C.G). WSaT PBTITION ITNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Aooearance! Mr. A. N. Bhakta, counsel for fhe petitioners. Mrs. Smita Ghai, Panel Lawyer, for the State, on advance copy. \\. @) A.F' ORDER (23.03.2010) PoUowing order of the Court was delivered by SUNIL KUMAR SINHA. J. (Ij The petitioners are successors of vitlage Kotwars. Servlce lands were allotted to the ancestors of the petitioners prior to 1950 in lieu of they being the viUage servants. Their ancestors and petitioners rem.alned tn actual physical possession of the lands and ultiaiately fhe petitioners were granted Bhoomisivami Pattas in piirsuance of an order passed by this Court tn W.P.2632/2000 on 30.10.2001 (Annexure P-2). According to fhe petitioners, Bhoonnsvjami Pattas were granted to fhem on 07.04.2004 and 30.06.2006 by the competent Revenue Aufhorities. The petitloners are aggrieved by Ctrcular dated 25th/30th of September, 2004 issued by CoUector, Ralgarh (Chhattisgarh) directing the subordinate revenue officers to m.ake entries in Khasras in relation to Govermnent lands received by the Bhoomiswamis as "Shasan Se Pfvpt Bhimd Ahaistemteircudytf and fhey have prayed for quashiag ofthe Circiilar. j3j For ready reference, the Circular dated 25th/30th September, 2004 (Annexure-P/1) is quoted as under: y /^/ \•\ ui ^ou 3je pUB uoi^oipsunC ^noLpiA SJB jBino.no pauSndun 3ff^ ui psuiB+uoa suop.oajip aq^ ^Bip panimqns sjsuoi^psd aip jo Jieqaq uo SuUBaddB psunoo psujeai 'epiBqg •N 'V '-lyi (frj -,»liM)> ki_a /@ ^3UA 6^ |S!b}?!ib tbb»blK» BIitTl)-. 'XabRtb ]^K woz-s-sz :*ii-y '9tf^^!^ BtiMit -yi^y W/OMtEOA/ .O&Oi '/'•••:. -/^ IJfblln 1» ^b U)B ^§ lct> 1-i^lia Ifeia (J.bltn (* ISIbhltb p^y ^ IP^I.pti1 ^ ^ iiiUa iteih iya h'*y ^ iia B^te !<& ^& ^ MM ia^ ^tz: ^ ^tfe b jSlb^l®IMS ttshltel ^* ^.b ,^n}.Ull»3K> y'?t. BilK ^ 1-M.!1&, Ml y&, ^ ^. ^ia hite :UK> t g 1-hV^K tt> j4!tat>IK (p^ y ipyu. tu>p> (^ '^ ^5 IAIK UMtbl^J (tfe ^a & ^iitEte ii-y >?*bj itfe yfc ?-IU>K j^ k jiih6)Eie siiirft | ii^tb |3t- i^y ^ •ij,wis\ ^ ^ ijnMtb ^Lk yi& h3^ S-bRip ^si l&f-ift ^ ^ltbtejte Witol-A (ft(y ^ ^a^ ^h l-yift ^ ^-feti ^e. ?'M>P* )n<'>yte !* yfi. |p.^ 'j luiin i-b (kitAylt. i* yd.. | ^ uibshiy ^ ^jte ^ iiyjn ife^ ly^ >w>^it> 117 ?>l*?.fr t?Ai)> s-i^ift l(b |..K»> Bl»b ^ ll^ ^ IM(b^ Mtf. Sltt> ftlW lbte S IU?,(b ln)>lte k)*t». h >.l(t)hjte |klW>y1». 4(l?lte (t> (e) miahf 4^ SSfc iilt3 ^fc U^jto IK^ |}». ^(ib It? g IDktb InMh (* f. ).H. twih hj^. ^tb ^ liyto a^ ^ ^cfe sss. ^ (a)z iMtahp. j* SSl \>^ ^ fiCSL !O^J» ^J£|^4t O^Ofi ! j^. S^Q. ^. ^a, fiilfi ^ ^M^ -bfa^ (Oir0&) °>1>M>. -115^ (^IA) t |^y M1!1'!?1 '£ (^ji.) hibw^isu MtiiUi/oaii0^jte/MiiJs(^ 'e •^. (O^) ^S^S h(J;ltr^!e -1. t-003-S-OS/SZ t.bl^y 'Pltb^ 989S/W)/OMieO&/ :WW (»>ii!i>JpSCT) »>!l^^!^ - !»!TJ 'W,k\> '^3t>ptb l»»jl?l(ti, i°& ,// v'vtsef-'-° •fas^ ^ ? s '^, <aic^ 'i8*iaee«5!ii" accordaace with law, fherefore, the sanie may be struck out and the above ctrcular be quashed. (5) On the ofher hand, Mrs- Siaita Ghai, leamed Panel Lawyer, appearing on behalf of the State/respondents supported the Circiilar by refemng to fhe provisions of Section 158(3) and 165 (7-b) of the Chhattisgarh Land Revenue Code 1959 (hereinafter referred to as the Code, 1959). (6} I have heard leamed coiinsel for fhe parties at length and have also perased the records of the writ petition. (7) Section 157 of the Code, 1959 speaks about the Class of tenure and provldes that there shaU be only one class of tenure holders of lands held from the State to be known as Bhumiswami. Section 158 defines Bhumiswami. Apart from two sub-sections i.e., sub-section( 1) and sub-section(2), sub-section (3) of section 158 provides that every person, who is holding land in Bhoomiswami right by virtue of a- lease granted to him by the State Govemnient or the Collector or the AUotnient OfElcer on or before fhe commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1992 from the date of such commencement, and to whom land is allotted in Bbjoomisivami right by fhe State Goverrunent or fhe Collector or the Allotiaent OfBcer after the commencement of the Madhya Piadesh Land Revenue Code (Amendment) Act, 1992 from the date of such allotment, shaU be deemed to be a Bhoomiswami in respect of ^:?>^—n-*a^ /Kas^ "\. •^ such land and shaU be subject to aU the rights and liabilities conferred and unposed upon a Bhoomiswami by or under this Code. A provlso to section 158 has 8j.so been added that no such person shaU transfer such land within a period of ten years from the date of lease or allotinent. (8} Section 165 deals with the rights of transfer. Sub-section (7-b) of sectlon 165 provides that notwdthstanding anytfaing contained in sub-section(l), a person who holds land fi-om the State Qovemment or a person who holds land tn Bhoomiswami rights Lmder sub-section(3) of Section 158 or whom right to occupy land is granted by the State Goveminent or the CoUector as a Govemmcnt lessee and who subsequently becomes Bhooiniswanii of such land, shaU not transfer such land without the pennission of a revenue ofBcer, not below fhe rank of a Collector, given for reasons to be recorded in writmg. (9) A conjoint reading of fhese iwo provlsions of the Code 1959 make it clear fhat fhe rights of the .tenure holders i.e., Bhoomiswamis as defined in Chapter XII of the Code are subject to aU fhe rights and liabilities conferred and imposed upon a Bhooiniswaml, by the Code 1959. Therefore, the tenure holders holding the land by virtue of bemg the Bhoomiswajnis under sub- section(3) of section 158 of the Code 19.59 would be govemed by the provisions of section 165 of the Code, which speaks about the rights of transfer and fhey veiy specifically create a rider on /" y'y^._.'-, r .sS'S:. ^ 6 ^- transfer ofthe land whlch a Bhoomiswajni holds u/s 158(3) ofthe Code and such land held by any BhoomiswaDa.i shall not be transferred by hun wifhout permission of a revenue officer not below the rank of fhe CoUector who aiay grant such permission for fhe reasons to be recorded ui writing. (10) Section 114 of the Code speaks about the land records. Likewlse, section 114-A of fhe Code speaks about Kishan Kitab. Section 114 provides that tn addition to the inap and Bhoo Adhikdr Pustika, fhere shaU be prepared for each vfflage a Khasra or field book and such other land records, as may be prescribed. Likewise section 114-A provides that it shaB be obligatoiy upon every Bhumiswami, whose name is entered into the Khasra or field book prepared under section 114, to inaintain a Kisan Kitab in respect of hls aU holdtngs in a vUlage which shaB be provided to hiaa on payinent ofsuch fee as m.ay be prescribed. Sub-section (2) of section 114-A further provides that the Kisan Kitab shall be in two parts, namely Part 1 consisting of rights over holding and encumbranoes on the holding and Part II consisting of rights over holding, recovery of land revenue in respect of the holding and enciimbrances on the holding and shaU contain (i) such of the entries of Khasra or field book pertaining to a holding of a Bhumiswami as may be prescribed; (ii) particulars in respect of recovery of land revenue, Govemment loan and non-Govemment loan ui respect of such holding; and (iii) such other particulars as \may be prescribed. \. •y' ./-•/" C^iR '"•^. 't.-. ff' ^S-.i-X ^ ^^«"' ^' ^ ^^-^_/ ^ ^ t<^ (11) In exercise of the powers conferred under sub-section (1) and Clause (27) of sub-section (2) of section 258 read wifh section 221 ofthe C.G. Land Revenue Code, 1959, fhe State Qovemment has made the rules relating to preparation, inatntenance and revision of land records of a vUlage. Part 1 of these rules deals with the field map whereas Part II of these rules deals witli Khasra. Rule 6 falling in part-II provides that the Patwsj-i shall prepare each agricultural year a Khasra for each vfflage that has been completely surveyed in hls circle in Foi-m-I. Rule 10 prondes for preparation of Khasras in Form II and Rule 1 1 provides for preparation of Khasra in Porm-III. Khasra prepared in Form-I is commonly known as Khasra-Panchsala. Khasra prepared in Fonn-II is commonly known as Khajsra Masahati and Khasra prepared in Form-HI is cominoiily known as Khasra Eksala. There are various columns in these forms. (12) We find fhat there is a remark column in sll tfae Forms and we further find that in Form-I of Khasra Panchsala-, column 4 is provided for the name of lessee of a Bhumiswami or sub-lessee of an occupancy tenant, fafher's name, rent or lease money & area of portion sub-let. What are to be specifically mentioned in the remarks column have not been defined in the n.iles. However, in suitable cases, according to necessity, with an tntention to achleve the object of the Code 1959 and the niles made thereunder, the relevant entries are to be made tn such cokunn. The M.P/C.G. Land Revenue Code 1959 (Amendment Act No.20 of 1959) has •••». ^^^••^ ^ ,,^r. .; | %»8^y ' ^ ? -sy «^,j ^-.^ ^ \ ^ been brought into foroe to consolidate and amend the law relating to fhe land revenue, fhe powei^ of revenue officers, rights and UabUIties of the holders of land from the State Govemment, agriciiltural tenures and other matters rela.tmg to the l.and and the UabUities tncidental thereto in fhe State. Therefore, Einy direction issued by fhe State Govemment or the revenue authoiities to achieve fhe object of fhe Code 1959 or the Rules raade thereiinder woijld be permissible,and so long those directions are not vlolative of provisions of the Code 1959 or the rules, or any ofher law in force, fhey cannot be held to be iUegal or wifhout jiirisdiction. (13} It is in these back groiinds, fhe direction of the CoUector contained in Cu-cular dated 25tb/30th of September, 2004 has to be examined. The circular clearly contains that transfer of land, which the Bhoomiswami holds in the manner mentioned in the Circular, would not be efFected wlthout the perEoission of the competent authority mentioned fherein. Since the complaints were received regarding transfer of such land without obtaming fhe pennission required iinder fhe Code 1959, fherefore, fhe directions have been issued to malce an indication in Khasras like "WWT ^f arcr ^r sig^ravft?"', so that such contraventioas may be stopped and the rights of the Bhoomiswamis may not be adversely affected. (14( In the back drop ofthe above legal position, I do not find any illegality or legal tnfirmity in the direction issued by tfae Collector in Cu-cular dated 25^/30^ of September, 2004 (Annexi.ire P-1). T^^ ''i'^" , it >,. The directions are not violative ofany provisions ofM.P/C.G. Land Revenue Code 1959 or Che Rules frained thereunder and fhe same are in fhe interest of the rights of Bhoomiswamis. (15) I do not find any reason to struck down or set-aside fhe directions. The petition has no merits. The sajne is Uable to be dismissed and is hereby dismissed summarily. (16j No order as to cost. Sd/- SunilKumarSinba Judge