Ramesh Chand Sharma vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:21621
1 WP-5577-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 20 OF JULY, 2026
WRIT PETITION No. 5577 of 2025
RAMESH CHAND SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Gaurav Mishra - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the State.
ORDER
The present petition, under Article 226/227 of the Constitution of India, has
been filed by the petitioner seeking following reliefs:-
"That, the Impugned order 21-10-2021 passed by
Commissioner, Division Gwalior contained in ANNEXURE P-1,
Impugned order dated 19-08-2020 passed by Sub Division Officer
contained in ANNEXURE P-2 and Impugned Order dated 16-03-
2009 passed by Additional Tehsildar Ghatigoan Gwalior
contained in ANNEXURE P-3 may kindly be set aside/quashed
and order dated 05-01-2009 (Ann-P/4) passed by Additional
Tehsildar circle Ghatigoan Gwalior may kindly be restore and
name of the petitioner be directed to mutate in revenue records.
(2) That, Other suitable order/direction may kindly be
passed in the interest of justice. Cost may kindly also be
awarded."
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/21/2026
10:25:50 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21621
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Short facts of the case are that the petitioner is the owner and cultivator in

possession of agricultural land bearing Survey No. 1654/Min/1, ad-measuring
0.693 hectare (6 Bighas and 3 Biswas), situated at Village Mohana, Tehsil and
District Gwalior. The said land was allotted to the petitioner by the competent
revenue authority through a Patta dated 11.01.1985 passed by the Naib Tehsildar,
Tappa Ghatigaon, in Case No. 49/84-85-A-19. Pursuant to the grant of the Patta,
the petitioner's name was duly mutated in the revenue records and a Bhu-Adhikar
Evam Rin Pustika was issued in his favour, recognizing his lawful rights over the
land. Subsequently, the petitioner's name was deleted from the revenue records
without any lawful justification, compelling him to approach this Court by filing
Writ Petition No. 4984 of 2007. The said writ petition was disposed of with a
direction to the competent authority to consider and redress the grievance of the
petitioner. In compliance with the directions issued by this Court, the Additional
Tehsildar, Sub-Tehsil Ghatigaon, by order dated 05.01.2009, directed restoration
of the petitioner's name in the revenue records. However, soon thereafter, the
Additional Tehsildar, by order dated 16.03.2009, deleted the petitioner's name
from the revenue records once again and further directed initiation of criminal
proceedings against him on the allegation that the Patta relied upon by him was
forged. The criminal proceedings initiated pursuant to the aforesaid direction
culminated in Sessions Trial No. 51/2011. By judgment dated 24.07.2014, the
learned Fourth Additional Sessions Judge, Gwalior, acquitted the petitioner of all
charges under Sections 420, 467, 468 and 471 of the Indian Penal Code,
specifically holding that the prosecution had failed to establish that the Patta
produced by the petitioner was forged and consequently, the foundation of the
criminal prosecution itself had failed.
Despite the petitioner's acquittal and the categorical findings recorded by
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/21/2026
10:25:50 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21621
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the competent criminal court, the first appeal preferred by the petitioner against

the order dated 16.03.2009 was dismissed by the Sub-Divisional Officer
(Revenue), Ghatigaon, by order dated 19.08.2020. The second appeal preferred
before the Commissioner, Gwalior Division, also came to be dismissed by order
dated 21.10.2021, affirming the orders of the subordinate authorities. Aggrieved
by the aforesaid orders, the petitioner has invoked the extraordinary jurisdiction of
this Court under Articles 226 and 227 of the Constitution of India.
Learned counsel for the petitioner submitted that the impugned orders are
wholly illegal, arbitrary and unsustainable in law, having been passed in complete
disregard of the principles of natural justice, as the petitioner's name was deleted
from the revenue records without issuance of any show-cause notice and without
affording him any reasonable opportunity of hearing, thereby rendering the entire
proceedings void.
It was further submitted that the petitioner derived title from a Patta granted
by the competent revenue authority itself in the year 1985, pursuant to which his
name was duly mutated in the revenue records. Once the competent authority had
recognized the petitioner's rights and recorded his name, the same could not have
been deleted in a summary manner without following the due procedure
prescribed under the Madhya Pradesh Land Revenue Code, 1959.
Learned counsel further argued that the very foundation of the impugned
orders, namely, the allegation that the Patta was forged, no longer survives in
view of the judgment dated 24.07.2014 passed by the Fourth Additional Sessions
Judge, Gwalior, whereby the petitioner was acquitted of all criminal charges. The
learned Criminal Court categorically held that the prosecution had failed to prove
that the Patta was forged. In the absence of any finding establishing forgery, the
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/21/2026
10:25:50 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21621
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revenue authorities could not have continued to deny recognition of the

petitioner's rights by relying upon the very allegation which stood disbelieved by a
competent criminal court.
It was also submitted that the authorities below failed to appreciate the
effect of the acquittal and mechanically affirmed the order of the Additional
Tehsildar without independently examining the legality of the proceedings or the
violation of statutory provisions. The appellate authorities also ignored the earlier
order dated 05.01.2009 passed in compliance with the directions issued by this
Court restoring the petitioner's name in the revenue records. On the aforesaid
premises, it was prayed that the orders dated 16.03.2009, 19.08.2020 and
21.10.2021 be quashed and the order dated 05.01.2009 restoring the petitioner's
name be revived with a consequential direction to mutate the petitioner's name in
the revenue records.
Per contra, learned Government Advocate appearing for the State supported
the impugned orders and submitted that the competent revenue authorities, after
due consideration of the material available on record, rightly deleted the
petitioner's name from the revenue records and the said orders have been
concurrently affirmed by the appellate authorities. It was contended that no case
warranting interference in exercise of the extraordinary jurisdiction under Article
226/227 of the Constitution of India is made out, and therefore, the writ petition
deserves to be dismissed.
Heard learned counsel for the parties and perused the record.
The petitioner has called in question the orders dated 16.03.2009 passed by
the Additional Tehsildar, Ghatigaon, 19.08.2020 passed by the Sub-Divisional
Officer (Revenue), Ghatigaon and 21.10.2021 passed by the Commissioner,
Gwalior Division, whereby the petitioner's name has been deleted from the
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/21/2026
10:25:50 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21621
5 WP-5577-2025
revenue records.

The undisputed facts reveal that the petitioner claimed title over the land in
question on the strength of a Patta dated 11.01.1985 issued by the competent
authority and his name was initially mutated in the revenue records. It is also not
in dispute that by order dated 05.01.2009, passed pursuant to the directions issued
by this Court in an earlier writ petition, the petitioner's name was directed to be
restored in the revenue records. However, by the impugned order dated
16.03.2009, the Additional Tehsildar deleted the petitioner's name and directed
initiation of criminal proceedings on the allegation that the Patta was forged.
A perusal of the record further reveals that the criminal prosecution initiated
against the petitioner culminated in Sessions Trial No.51/2011, wherein the
learned Fourth Additional Sessions Judge, Gwalior, by judgment dated
24.07.2014, acquitted the petitioner of the offences punishable under Sections 420,
467, 468 and 471 of the Indian Penal Code. The learned Criminal Court recorded a
categorical finding that the prosecution had failed to prove that the Patta relied
upon by the petitioner was forged. Thus, the very foundation on which the
impugned order dated 16.03.2009 was passed ceased to exist. The appellate
authorities also failed to consider the effect of the petitioner's acquittal and
mechanically affirmed the order of the Additional Tehsildar without independently
examining the legality of the proceedings. Consequently, the orders dated
16.03.2009 passed by the Additional Tehsildar, Ghatigaon, 19.08.2020 passed by
the Sub-Divisional Officer (Revenue), Ghatigaon and 21.10.2021 passed by the
Commissioner, Gwalior Division cannot be sustained in law.
Accordingly, the writ petition is allowed. The impugned orders dated
16.03.2009, 19.08.2020 and 21.10.2021 are hereby quashed. The order dated
05.01.2009 passed by the Additional Tehsildar is restored.
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/21/2026
10:25:50 AM

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The respondents are directed to restore the petitioner's name in the revenue

records in respect of the land in question and carry out all consequential revenue
entries within a period of eight weeks from the date of receipt of a certified copy of
this order.
The writ petition stands allowed in the aforesaid terms. No order as to costs.
(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/21/2026
10:25:50 AM