01Facts
The petitioners purchased several parcels of land in Village Girwai, Gwalior, via registered sale deeds dated 13.10.2022 from one Sachchidanand, who was recorded as the Bhoomiswami.
p. 2The land had previously devolved from Guru Shrikant Nath to Sachchidanand. While a mutation application by Sachchidanand was initially rejected, it was later remanded for reconsideration.
p. 2The petitioners' own mutation application was also remanded by the Sub-Divisional Officer.
p. 3On 15.06.2023, the Additional Commissioner, Gwalior Division, passed an order declaring the property as Government land belonging to "Dholibua Math," prohibiting alienation, and ordering a roving inquiry by the Collector.
pp. 1-2This order was passed without issuing notice to the petitioners and relied on undisclosed records from the Mafi Aukaf Department.
p. 3, 602Issues
i.1. Whether the impugned order dated 15.06.2023 was passed in violation of the principles of natural justice by failing to provide the petitioners an opportunity to be heard.
p. 3ii.2. Whether the Additional Commissioner exceeded his jurisdiction by issuing sweeping directions for inquiry and restricting alienation of property that had already undergone concluded mutation proceedings.
p. 4, 9iii.3. Whether "Mafi land" is automatically categorized as Government-owned land.
p. 5, 903Law Applied
The Court applied the fundamental principle of natural justice, which mandates that any order entailing civil consequences must be preceded by a fair opportunity of hearing.
p. 4Regarding land tenure, the Court clarified the legal status of "Mafi land," noting it is land exempted from revenue for religious/charitable purposes but does not ipso facto vest ownership in the State.
p. 5, 9In the absence of express statutory power of review, an authority cannot indirectly reopen or nullify proceedings that have attained finality.
p. 5, 9Provisions in the judgment · 2 · Linked ones open on LawLens
MP Land Revenue Code 1959 Section 109Section 110
04Reasoning
The Court found that the Additional Commissioner committed a gross procedural error by initiating proceedings on 17.05.2023 and passing the final order on 15.06.2023 without ever issuing notice to the petitioners, despite their recorded interests in the property.
p. 3, 10The Court reasoned that the Commissioner’s reliance on undisclosed "Mafi Aukaf Department" records—which were not even part of the official case file—vitiated the decision-making process.
p. 6, 10Legally, the Court corrected the Commissioner's assumption that Mafi land is Government property, emphasizing that such land retains its character as endowed property.
p. 9The Court concluded that the Commissioner exercised "jurisdictional overreach" by issuing omnibus directions to the Collector to conduct a roving inquiry and restricting alienation, which exceeded the scope of the appellate proceedings and sought to circumvent earlier final mutation orders.
p. 905Holding
The Court held that the impugned order was arbitrary, illegal, and lacked jurisdiction due to the violation of natural justice and the misinterpretation of land tenure laws.
p. 10The High Court set aside the order dated 15.06.2023 and remanded the matter to the Additional Commissioner/Competent Authority for fresh adjudication after ensuring all parties are heard and relying only on disclosed, on-record material.
p. 10The petition was allowed.
p. 11Original Court PDF
M/S Baba Baijnath Dham Through Its Authorised Person Kamal Singh KushwahvsBalkrishna Vasudev (Death) Through L.Rs. I. Shri Yogesh Purandare
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