Ramshree Bai Jaat vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
1 WP-29973-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 5 OF MAY, 2026
WRIT PETITION No. 29973 of 2023
RAMSHREE BAI JAAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vibhor Kumar Sahu - Advocate for the petitioners.
Shri Yogesh Kumar Parasar - Govt. Advocate for the respondent/State.
ORDER
The present petition under Article 226 of the Constitution of India is
being preferred by the petitioner, being aggrieved by the arbitrary, illegal and
unjustified action of the respondent authorities in inserting an entry in
Column No. 12 of the Khasra record describing the petitioner’s land as ‘non-
transferable’, in respect of land bearing Survey No. 96/1, admeasuring
3.1350 hectares, situated at Village Gader, Tehsil and District Guna (M.P.),
despite the petitioner being the lawful owner and in peaceful possession
thereof.
The brief facts of the case are that the allotment of land bearing
Survey No. 96/1, Rakba 3.1350 hectares, situated at Village Gader, Tehsil
and District Guna (M.P.), was originally made in the name of Mohan Singh,
who was the husband of Petitioner No. 1 and the father of Petitioners No. 2
to 4. The revenue records, including the Khatoni for Samvat years 2020,
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
2 WP-29973-2023
2021, 2022, 2024, 2025, 2026, 2027, 2028, and 2030, clearly recorded the

name of Mohan Singh S/o Kamar Lal, caste Jat, as the Bhumiswami of the
aforesaid land. Copies of the said Khatoni entries substantiate his lawful
status as Bhumiswami. After the death of Mohan Singh, the said land was
duly mutated in favour of the present petitioners, being his legal heirs,
through Fauti Namantran in accordance with law. Since the date of
allotment, the land in question was never transferred, alienated, or conveyed
in favour of any third person, and it continuously remained recorded in the
name of Mohan Singh during his lifetime and thereafter in the names of the
petitioners following the mutation proceedings. In the Khasra Panchshala
records there was no entry indicating the land to be “non-transferable.” The
said entries were original handmade revenue entries forming part of the
official revenue record. The land bearing Survey No. 96/1, Rakba 3.1350
hectares, situated at Village Gader, Tehsil and District Guna (M.P.), which is
the subject matter of the present petition, has throughout remained duly
recorded in the revenue records in the name of the petitioners’ predecessor-
in-interest and thereafter in the names of the petitioners. Thus, the petitioners
are the lawful owners and possessors of the said land, and their title is duly
reflected and continued in the relevant Khasra Panchshala and revenue
records.
Learned counsel for the petitioner submits that the petitioner is
aggrieved by the arbitrary action of the respondent authorities, whereby in
the khasra pertaining to land bearing Survey No. 96/1, Rakba 3.1350 hectare,
situated at Village Gader, Tehsil and District Guna (M.P.), which is owned
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
3 WP-29973-2023
and possessed by the petitioner, an entry has been made in Column No. 12

recording the land as “non-transferable.” It is submitted that such entry has
been incorporated without passing any lawful order, without affording any
opportunity of hearing to the petitioner, and without any authority of law.
The said entry is not supported by any provision of the Madhya Pradesh
Land Revenue Code and appears to have been made only with an intent to
exert arbitrary pressure upon the petitioner. Being wholly illegal, arbitrary,
and without jurisdiction, the said entry deserves to be deleted in the interest
of justice.
It is further submitted that the land bearing Survey No. 96/1, Rakba
3.1350 hectare, situated at Village Gader, Tehsil and District Guna (M.P.),
was duly allotted in favour of the petitioner’s predecessor-in-interest by a
competent authority vide allotment order dated 1961. Thereafter, the revenue
records, including khasras and khatonis from Samvat years 2034 to 2043 and
subsequent years up to the present, consistently reflected the name of the
petitioner and his predecessor as Bhumiswami of the said land. The relevant
revenue entries categorically establish that Bhumiswami rights had accrued
in respect of the said land as early as the year 1964, and ever since then, the
ownership and title of the petitioner have remained duly recorded in the
revenue records. The relevant khasra entries forming part of the record are
filed along with the present petition.
It is submitted that despite the settled and undisputed status of the
petitioner as Bhumiswami, the respondent revenue authorities have
arbitrarily and mala fide inserted the impugned entry of “non-transferable” in
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
4 WP-29973-2023
the computerized khasra records. The said action is unsupported by any

statutory provision, rule, circular, or order, and no procedure known to law
has been followed before making such entry. Therefore, the petitioner is
constrained to invoke the extraordinary jurisdiction of this Hon’ble Court
seeking a direction to the respondents to delete the said illegal entry from the
khasra record.
It is further submitted that the land was originally allotted in favour of
the petitioner’s father in the year 1961 and Bhumiswami rights were
conferred and duly recognized in the revenue records by the year 1964. The
khatoni entries of the relevant period specifically record the accrual of
Bhumiswami rights. Therefore, the land in question does not attract the
provisions of Section 165(7-B) of the Madhya Pradesh Land Revenue Code.
It is pertinent to submit that in none of the original khasra panchshalas or
manually maintained revenue records has any entry of “non-transferable”
ever been reflected. Such entry appears only in the electronically generated
computerized khasra records, clearly indicating that it has been inserted
mechanically and without any legal scrutiny.
It is respectfully submitted that the restriction of non-transferability
applies only to those categories of land governed by Sections 158(3), 165(7-
A), and 165(7-B) of the Madhya Pradesh Land Revenue Code, i.e. lands
allotted under leasehold rights or certain restricted Bhumiswami grants,
where transfer is prohibited for a specified period and thereafter subject to
prior permission of the competent authority. However, the present case
stands on an entirely different footing. The land in question was allotted in
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
5 WP-29973-2023
the year 1961, and full Bhumiswami rights had accrued by the year 1964.

The statutory amendments introducing the aforesaid restrictions were
enacted subsequently and do not have retrospective operation. Hence, the
provisions of Sections 158(3), 165(7-A), and 165(7-B) are wholly
inapplicable to the petitioner’s land.
It is further submitted that the arbitrary insertion of the impugned entry
has caused grave prejudice and undue hardship to the petitioner, as it
obstructs the petitioner’s lawful right to deal with and transfer of property
and compels the petitioner to undergo unnecessary litigation and harassment.
The revenue records themselves unequivocally establish that the land is free
from any statutory restriction under Sections 158(3) and 165(7-A) or 165(7-
B) of the Madhya Pradesh Land Revenue Code, and no prior permission is
required for transfer of the said land. The petitioner, being the lawful
Bhumiswami, is entitled to enjoy all incidents of ownership, including the
unrestricted right of transfer. Therefore, the continuance of the impugned
entry is wholly illegal, arbitrary, and liable to be quashed by this Hon’ble
Court.
On the other hand, learned counsel for the State submits that the
present petition has been filed by the petitoner for correction in column no.
12 of Khasra bering survey no. 96/1/ Rakba 3.1350 hectare situated at
Village GaderTehsil & District Guna (MΜ.Ρ.) It is submitted that report was
called from the Halka Patwari by the Tehsildar. The Patwari Village Gader
submitted report dated 20-03-2024 in the office of Tehsildar and stated that
in column no. 12 of said Khasra it is mentioned that land is not transferable
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
6 WP-29973-2023
and it is government land.

It is also submitted that dispute is with regard to the correction in
revenue record of the land and as per the provisions of MPRLC remedy for
correction in land record is provided under section 115. In view of the
alternative remedy under provisions of MPLRC petition of the petitioner is
liable to be dismissed on this ground itself.
Heard counsel for the parties and perused the record.
From perusal of the material available on record, it is apparent that the
land in question was originally allotted in favour of the predecessor-in-
interest of the petitioners in the year 1958 under Pucca Krishak rights under
Section 62 of the Madhya Bharat Land Revenue and Tenancy Act, Samvat
2007. For ready reference and convenience Section 62 of the Madhya Bharat
Land Revenue and Tenancy Act, Samvat 2007 is reproduced hereinbelow:-
62. Allottment of unoccupied land in villages for agricultural
purposes:-

"(1) Unless the Government otherwise directs by general or
special order, unoccupied land in any village shall be allotted,
subject to the rules made under this Act, for agricultural purposes
only, by a Revenue Officer or an assignee of proprietary rights, as
the case may be, to a bonagide agriculturist who does not hold, or
would not hold in his name if such land is allotted to him, land
measuring more than 50 acres on Pakku tenure. Such tenant shall
be declared to have the rights of a Pakka tenant in that land after
he has fulfilled the conditions prescribed under the rules).

(2) Allotment of land for agricultural purposes to a person other
than a bonafide agriculturist can be effected only with the sanction
of the Government.

(3) Subject to the rules made under this Act allotment of land
under sub-section (1) may be made by auction and preference
shall be given to persons who have less than 15 acres in their
names on Pakka tenure in the same village or to those who have
no land on Pakka tenure:

Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
7 WP-29973-2023
Provided that such person or persons are bonafide agriculturists."

A plain reading of Section 62 of the aforesaid Act makes it abundantly
clear that unoccupied land in a village could be allotted for agricultural
purposes to a bona fide agriculturist, and upon fulfillment of the conditions
prescribed under the Rules, such allottee was statutorily entitled to be
declared as having the rights of a Pakka Tenant. The legislative intent
underlying the said provision unequivocally contemplates conferment and
recognition of permanent tenancy rights upon satisfaction of the prescribed
conditions.
Thus, once the predecessor-in-interest of the petitioners was granted
allotment under the aforesaid provision and the requisite conditions stood
fulfilled, the rights so accrued attained legal sanctity and could not have been
divested, altered, or ignored except in accordance with due process of law.
The status of the allottee, therefore, stood crystallized as that of a Pakka
Tenant/Pucca Krishak, carrying with it all consequential proprietary and
possessory rights recognized under the prevailing revenue law.
Section 158 of the Madhya Pradesh Land Revenue Code, 1959 defines
the term Bhumiswami. In particular, Section 158(1)(b) provides that every
person who, at the time of the coming into force of the Code, held land in the
Madhya Bharat region as a Pakka Tenant, or as a Muafidar, Inamdar, or
Concessional Holder as defined under the Madhya Bharat Land Revenue and
Tenancy Act, Samvat 2007 (66 of 1950), shall be deemed to be a
Bhumiswami and shall enjoy all rights and be subject to all liabilities
attached to such status under the Code.
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
8 WP-29973-2023
By M.P. Act.15 of 1975 w.e.f. 30.10.1968, Sub-section (7-a) of

Section 165 of the Code was inserted and Sub-section (7-b) was inserted in
the statute books by M.P. Act 15 of 1980, which deals with the transfer of
land held by the persons by Bhumiswami for certain categories of
Bhumiswami. Thus, for the first time, the provisions of said sub-section
came in the statute books in the year 1980. For reference, Sub- section (7-b)
of Section 165 of the Code is quoted herein-below:
"(7-b) Notwithstanding anything contained in sub- section (1), a
person who holds land from the State Government or whom right
to occupy land is granted by the State Government or the
Collector as a Government lessee and who subsequently becomes
bhumiswami of such land, shall not transfer such land without the
permission of a Revenue Officer, not below the rank of a
Collector, given for reasons to be recorded in writing."
A careful reading of the statutory scheme further reveals that the
restriction on transfer contained in Section 165(7-b) of the Code was inserted
subsequently by M.P. Act No. 15 of 1980. The said provision applies to a
person who holds land from the State Government or to whom right to
occupy land is granted as a Government lessee and who subsequently
becomes Bhumiswami of such land. The restriction requiring prior
permission of the Collector for transfer is thus confined to such category of
tenure holders.
In the present case, prima facie, the record indicates that the
predecessor of the petitioners had acquired Bhumiswami rights since the date
of allotment itself by virtue of allotment under the Madhya Bharat Land
Revenue and Tenancy Act, Samvat 2007 and Section 158(1)(b) of Mdhya
Pradesh Land Revenue Code, 1959 and therefore the embargo contemplated
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:14445
9 WP-29973-2023
under Section 165(7-b) of the Code does not appear to be attracted.

Consequently, the entry showing the land as “non-transferable” in Column
No. 12 of the Khasra appears to be bad in law.
Section 115 of the Madhya Pradesh Land Revenue Code provides a
statutory mechanism for correction of wrong or incorrect entries in the
Khasra and other land records. The provision empowers the Tahsildar, upon
finding any incorrect entry made in the land records prepared under Section
114 by a subordinate officer, to direct appropriate correction in red ink after
conducting such inquiry from the concerned person as may be deemed
necessary, following due written notice.
In the present matter, since this Court has already arrived at a
conclusion that the entry describing the land as “non-transferable” in Column
No. 12 is not in accordance with law, relegating the petitioners to the
alternative remedy under Section 115 of the Code would serve no useful
purpose. The writ petition is accordingly allowed. The respondents are
directed to delete the entry of “non-transferable” in respect of Survey No.
96/1, Rakba 3.1350 hectare, situated at Village Gader, Tehsil and District
Guna, from the relevant revenue records including the Khasra forthwith.
With the aforesaid observations and directions, the petition stands
disposed of.
(MILIND RAMESH PHADKE)
JUDGE
ojha

Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/8/2026
1:48:46 PM