Gopikishan vs Revenue Department

Petitioner before this court has filed the present petition being aggrieved by order dated 7/12/2017 passed by Additional Collector Dewas. Various

grounds have been raised in the writ petition in respect of order passed by the Collector by which the Collector has directed the petitioner to deposit

the amount in a particular account.

Learned government advocate at the outset has drawn attention of this court towards the judgment delivered in the earlier round of litigation dated

10/10/2017 passed in WP No. 6902/2015. The order passed in WP No. 6902/15 reads as under:

Shri Ashish Gupta, learned counsel for the petitioner.

Shri Abhinav Malhotra, learned Govt. Advocate for the respondent/State.

The petitioner has filed the present petition being aggrieved by the order dated 11.04.2014 passed by the Collector under the Jansunwai by which the

Bank of India has been directed to seal the Saving Bank Account of Meena Samaj.

The facts of the case are as under :-

According to the petitioner he is a President of Meena Samaj, Tehsil Kannod, District Dewas. The Land Acquisition Officer, NHDC No.9, Khandwa

has acquired the land bearing survey No.146 area 0.28 hectare and passed an award in case No.22-A/82/2005-06. By the aforesaid award the land

has been acquired and the compensation was deposited in the Bank Account of Meena Samaj, thereafter an application under Section 18 was filed

seeking reference for enhancement of the award. In a hearing learned Additional District Judge, Kannod, District Dewas in Land Acquisition

Reference Case No.4/07 passed an award dated 12.08.2008 in favour of the Meena Samaj. The Land Acquisition Officer, N.H.D.C. No.9, Khandwa

filed the First Appeal No.848/2008 under Section 54 of the Land Acquisition Act,1894 before this Court, in which vide order dated 09.05.2011 the

application for stay was rejected as the amount has been deposited and utilized by the respondent.

According to the petitioner, a meeting of Meena Samaj was held on 02.02.2008, in which the present petitioner being a President was authorized to

withdraw the amount from the Bank Account of Meena Samaj.

A complaint was made to the Collector, Dewas in Jansunwai that the petitioner is misusing the fund of the Samaj received by way of compensation

amount Rs.16,21,000/-. The Collector, Dewas issued a notice dated 12.03.2014 to the petitioner. After notice the petitioner appeared before the

Collector, Dewas by submitting that the initial amount of compensation Rs.6,95,000/- was paid to the Meena Samaj as the land of the Samaj came into

the submergence, thereafter the Meena Samaj applied for enhancement and the said amount was enhanced by Rs.10,05,185/-. The Meena Samaj has

decided to purchase the private land and for which an agreement to sale was executed and the petitioner has been authorized by the Samaj to

withdraw the amount. The Collector has directed the petitioner to deposit the entire amount in the Bank Account of Meena Samaj. The petitioner has

deposited Rs.12,50,000/- and Collector vide notice dated 29.04.2014 again directed the petitioner to deposit the balance amount with interest upto

05.05.2014. According to the petitioner, he has deposited the balance amount and despite that the Collector has directed the Bank to seal the Bank

Account of the Meena Samaj and did not permit the petitioner to operate the said account. The petitioner submitted a representation for opening of the

account but the same has not been considered. Hence, the present petition is filed before this court.

The notices were issued to the respondents and the respondents filed the return by submitting that one Bagulal Patel has made a complaint that Meena

Samaj is using the fund received by way of compensation, therefore, the Collector has prevented them by issuing impugned notice to the Bank. The

Collector has constituted a committee headed by the Sub Divisional Officer to look into the affair of Meena Samaj. In compliance of the High Court

order the Collector has passed an order dated 19.06.2017.

With the consent of parties, the petition is heard finally. The core question involved in this petition is whether the Collector is having jurisdiction or

authority to interfere with the working of social samaj. The Meena Samaj is a body of persons belonging to Meena community. The elections are held

within the members of the said community in which the petitioner was elected as a President. The land owned by the Meena Samaj came into

submergence and the compensation was awarded by the Government (N.H.D.C.). It means the land belonging to the Meena Samaj for which the

compensation was paid. It was the Government land. After receipt of the amount the said amount was deposited in the Bank Account of the Meena

Samaj which is evident from the photocopy of the passbook (Annexure P/6). The petitioner being a President of Meena Samaj is authorized to operate

the Bank Account and in which there is no illegality.

A complaint was made to the Collector under the Jansunwai that the Meena Samaj is misusing the fund received by way of compensation from the

Government. The Collector, Dewas started investigation as the amount was paid by the Government. Once the Government has paid compensation

amount after acquiring land of Meena Samaj then the amount became the property of Meena Samaj. The Collector is having no control over the said

amount. The Meena Samaj has been exclusive authority to utilize the said amount. The Collector under the garb of hearing of complaint under the

Jansunwai cannot intervene or interfere in the working of any society i.e. private group of community. The Meena Samaj is neither a society

registered under the Societies Act nor a body constituted under any Act. The Collector is having authority only under the M.P. Land Revenue Code.

Admittedly the land belongs to the Meena Samaj and Meena Samaj is having Bank Account in the Bank, therefore, they are having exclusive authority

to deal with the Bank Account. The Collector is unnecessarily intervening in their matter without any authority. The Collector conducted Jansunwai

under the administrative order of the State Government. There is no enactment of Government by which any power has been given to the Collector to

pass any order in the private disputes. Under Jansunwai the Collector can direct only to the Government authorities to act in accordance with law.

Even otherwise the petitioner has deposited the entire amount in the Bank.

In view of the above the order dated 11.04.2014 is hereby set aside. Petition is allowed.

In the light of the aforesaid judgment the Collector has issued the consequential order which is in compliance to the order delivered by this court and

therefore, this court does not find any reason to interfere with the order passed by the Collector, keeping in view the reply filed by respondent/State.

The admission is declined.