Facts
The petitioners purchased residential plots from the Municipal Corporation, Sagar, following a tender invitation notice dated March 3, 2022.
Source reference: para. 1, 2Despite the allotment order dated December 7, 2016, the revenue records continued to reflect the State of Madhya Pradesh as the owner of the land (Raqba 9.00 hectare out of Kh.No.135).
Source reference: para. 1, 4Because the land remains registered as government property, the authorities have refused to mutate the names of the petitioners in the revenue records.
Source reference: para. 2The petitioners submitted a representation to the Collector, Sagar, on August 5, 2025, which remained pending.
Source reference: para. 2Consequently, the petitioners approached the High Court under Article 226 of the Constitution seeking a mandamus for mutation or, alternatively, a refund with interest.
Source reference: para. 1, 2Issues
1. Whether the respondent authorities are obligated to decide on the petitioners' representation regarding the discrepancy between the Municipal Corporation's allotment and the State's revenue records.
Source reference: para. 2, 42. Whether the High Court should exercise its discretionary power to direct a time-bound disposal of the administrative grievance without adjudicating on the merits.
Source reference: para. 5, 6Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution of India, which empowers the High Court to issue directions or writs for the enforcement of rights and for any other purpose.
Source reference: para. 1The Court relied on the principle of administrative responsiveness and procedural fairness, implying that when a subordinate authority (such as the Tahsildar) identifies a discrepancy in land records and refers it to a superior (the Collector), the superior authority is duty-bound to resolve the representation within a reasonable period.
Source reference: para. 4, 5Reasoning
The Court observed that there is an undisputed discrepancy in the revenue records: while the Municipal Corporation, Sagar, allotted the plots to the petitioners, the land is still recorded as State-owned property.
Source reference: para. 4The Court noted that even the Tahsildar had forwarded the matter to the Collector, Sagar, highlighting this inconsistency.
Source reference: para. 4Rather than adjudicating the title or the right to mutation, the Court focused on the failure of the respondent No. 4 (Collector) to act on the pending representation dated August 5, 2025.
Source reference: para. 2, 5The Court reasoned that it would be "conducive as well as expedient in the interest of justice" to mandate a time-bound decision to resolve the petitioners' grievance.
Source reference: para. 4Holding
The High Court did not express an opinion on the merits of the case but disposed of the writ petition with a specific direction to the Respondent No. 4 (Collector, Sagar).
The Collector is directed to consider and decide the petitioners' representation (Annexure P/22) within 60 days from the date of receipt of the certified copy of the order. The final order must be a "well-reasoned and speaking order" passed in accordance with the law.
Source reference: para. 5The petition was disposed of accordingly.
Source reference: para. 7Original Court PDF
Abhijeet DubeyvsThe State Of Madhya Pradesh
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