BEFORE THE COURT OF SUB- DIVISIONAL OFFICER,
KOTWALI, JABALPUR
CASE NO.
Ram Sewak Jaiswal ……………. APPLICANT
VERSUS
The state of Madhya Pradesh
I N D E X
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S. No.
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Description of documents
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Annexure
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Pages
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1.
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Index
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1
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2.
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Reply To The Demand Notice Dated 23.10.2017 Issued Under The
Provisions Of Section 146 Of The Madhya Pradesh Land Revenue Code, 1959
alongwith affidavit
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2 TO 7
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3.
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Copy of the registered sale deed dated 20.01.1985
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A-1
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8 TO
12
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4.
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Copy of the agreement dated 24.03.1986
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A-2
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13 TO 15
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5.
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Copy of the NOC dated 01.04.1986
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A-3
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16
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6.
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Copy of the sanctioned map
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A-4
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17
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7.
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Copy of the Municipal Tax Receipt dated 12.12.2015 amounting to
the tune of Rs.1,100/-
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A-5
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18
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PLACE : JABALPUR
DATED : ADVOCATE FOR APPLICANT
BEFORE THE COURT OF SUB- DIVISIONAL OFFICER,
KOTWALI, JABALPUR
CASE NO.
Ram
Sewak Jaiswal,
Aged
about 72 years,
S/o
Late Mr. Ram Gulam Jaiswal,
R/o
House No. 620/621, West Niwarganj Ward (Old),
Kamla
Nehru Ward (New), Village – Hinautia,
Tahsil
& District – Jabalpur (Madhya Pradesh)
AIRTEL : 9893392528
E-MAIL : sarveshonline2010@gmail.com
……………. APPLICANT
VERSUS
The state of Madhya Pradesh
REPLY TO THE DEMAND NOTICE DATED 23.10.2017
ISSUED UNDER THE PROVISIONS OF SECTION 146 OF THE MADHYA PRADESH LAND REVENUE
CODE, 1959
Answering applicant strongly opposes the Demand Notice dated
23.10.2017 and begs to file his reply as under :
1. Vide registered Arbitral
Award dated 12.08.1965 the suit property came into the share of Mr. Rishi Kumar
Agrawal, S/o Late Mr. Kishan Lal Agrawal, R/o Sarafa Bazar, Jabalpur. The suit
property was then purchased by the applicant from (1) Mr. Rishi Kumar Agrawal,
S/o Late Mr. Kishan Lal Agrawal, (2) Mr. Sudhir Kumar S/o Mr. Rishi Kumar
Agrawal, Minor through Guardian father Mr. Rishi Kumar Agrawal, S/o Late Mr.
Kishan Lal Agrawal, and (3) Mrs. Reeta Rani W/o Mr. Rishi Kumar Agrawal, R/o
Sarafa Bazar, Jabalpur through a registered sale deed dated 20.01.1985. the
same was entered at Book No. 30, Granth No. 4710 at Page No. 43-48 bearing S.
No. 5515 for a consideration of Rs.40,000/- and an stamp duty with improvement
to the tune of Rs.4,200/- was paid therewith. Premium of Rs.26.50/- vide Bhu
No. 6563 dated 18.01.1985 was paid therewith as evident from the sale deed. Copy
of the registered sale deed dated 20.01.1985 is filed herewith and marked as Annexure A-1. The suit property
consisting of House No. 620/621, West Niwarganj Ward (Old), Kamla
Nehru Ward (New), Village – Hinautia, Tahsil & District – Jabalpur (Madhya
Pradesh).
2. Applicant alongwith his
wife Mrs. Kiran Shrivastava entered into an agreement dated 24.03.1986 with
Town & Country Development Authority, Jabalpur through its Chief Executive
Officer for permission to construct a building. Copy of the agreement dated
24.03.1986 is filed herewith and marked as Annexure
A-2. Accordingly No objection was granted on depositing the development
cost of Rs.1250/-. Copy of the NOC dated 01.04.1986 is filed herewith and
marked as Annexure A-3. Applicant
obtained necessary sanction as required under the provisions of Madhya Pradesh
Municipal Corporation Act, 1956 from the Municipal Corporation, Jabalpur. Copy
of the sanctioned map is filed herewith and marked as Annexure A-4. Applicant is paying regularly the Municipal
Taxes in accordance with Law. Copy of the Municipal Tax Receipt dated
12.12.2015 amounting to the tune of Rs.1,100/- is filed herewith and marked as Annexure A-5.
3. The procedure has been prescribed for recovery of
amount as arrears of land revenue. Section 146 of the Code provides that
Tahsildar or Naib- Tahsildar may cause a notice of demand to be served on any
defaulter before the issue of any process under Section 147 for the recovery of
an arrear and Section 147 of the code mentions the different processes by which
arrears of land revenue payable to the Government may be recovered by the
Tahsildar. Section
139, 146, 147 and 172 of the M.P. Land Revenue Code, 1959 reads as under :-
139. Land revenue recoverable from any person, in possession - In
case of default by any person who is primarily liable under section
138, the land revenue, including arrears, shall be recoverable
from any person in possession of the land:
Provided that such person shall be entitled to credit for the
amount recovered from him in account with the person who is primarily liable.
146. Notice of demand- A Tahsildar or Naib Tahsildar may cause a
notice of demand to be served on any defaulter before the issue of any process
under section 147 for the recovery of an arrear.
147. Process of recovery of arrear - An arrear of land revenue
payable to Government may be recovered by a Tahsildar by any one or more of the
following processes :-
(a) by attachment and sale of movable property;
(b) by attachment and sale of the holding on which arrear is due
and where such holding consist of more than one survey number or plot number by
sale of one or more of such survey numbers, or plot numbers as may be
considered necessary to recover the arrears ;
[(bb) by attachment of holding on which arrear is due and letting
the same under section 154-A;
(bbb) by attachment of any other holding belonging to the
defaulter which is used for the purposes of agriculture and letting the same
under section 154-A;]
(c) By attachment and sale of any other immovable property
belonging to the defaulter:
Provided that the processes specified in clauses (a) and (c) shall
not permit the attachment and sale of the following, namely:-
(i) the necessary wearing apparel, cooking vessels, beds, and
bedding of the defaulter, his wife and children, and such personal ornaments
as, in accordance with the religious usage cannot be parted with by any woman;
(ii) tools of artisans and, if the defaulter is an agriculturist,
his implements of husbandry, except an implement driven by mechanical power and
such cattle and seed as may, in the opinion of the Tahsildar, be necessary to
enable him to earn his livelihood as such;
(iii) articles set aside exclusively for the use of religious
endowments;
(iv) House and other buildings (with the materials and the sites
thereof and the land immediately thereto and necessary for the enjoyment)
belonging to an agriculturist and occupied by him;
[Provided further that the process specified in clause
(b) shall not permit attachment and sale of holding where the
defaulter holds, -
(i) six hectares or less than six hectares of land in the
Scheduled Area; or
(ii) four hectares or less than four hectares of land in the other
areas.
172. Diversion of land. (1) [If a Bhumiswami of
land held for any purpose in;
(i) urban area or within a radius of five miles
from the outer limits of such area;
(ii) a village with a population of two thousand
or above according to last census; or
(iii) in such other areas as the State
Government may, by notification, specify;
Wishes to divert his
holding or any part thereof to any other purpose except agriculture,] Subs.
by M.P. Act 25 of 1964, S.19 (i), he shall apply for permission
to the Sub- Divisional Officer who may, subject to the provisions of this
section and to rules made under this Code, refuse permission or grant it on
such conditions as he may think fit:
Provided that should the Sub-Divisional Officer
neglect or omit for three months after the receipt of an application under
sub-section (1) to make and deliver to the applicant an order of permission or
refusal thereof, and the applicant has by written communication called the
attention of the Sub- Divisional Officer to the omission or neglect, and such
omission or neglect continues for a further period of six months, the
Sub-Divisional Officer shall be deemed to have granted the permission without
any condition.
4. Applicant is a law abiding citizen of the country and having
highest regard and respect to law of the land and its enforcement authorities.
Applicant cannot even think of slightest deviation from it. Since applicant is running
small businees ad-measureing (9x15x3 = 450 sqare feet) in the suit premises
with utmost sincerity and honesty therefore the diagnostic centre got a
tremendous name and fame in local city and town concerned.
5. The
answering applicant relies on and file documents as per list and will rely on
and file more documents as and when necessary.
An affidavit in support
of this reply is being filed herewith.
Accordinlgy the demand notice dated 23.10.2017 being
devoid of any merit, is liable to be withdrawn.
PLACE : JABALPUR APPLICANT
DATED : ADVOCATE FOR APPLICANT
V E R I F I C A T I O N
I, Ram Sewak Jaiswal, Aged about 72 years, S/o
Late Mr. Ram Gulam Jaiswal, R/o House No. 620/621, West Niwarganj Ward (Old),
Kamla Nehru Ward (New), Village – Hinautia, Tahsil & District – Jabalpur,
(Madhya Pradesh) AIRTEL :
9893392528, E-MAIL :
sarveshonline2010@gmail.com, do hereby verify and sign
on this day-------- of November , 2017 and states that the contents of para 1
to end of the reply are true to my personal knowledge and belief.
APPLICANT
BEFORE THE COURT OF SUB- DIVISIONAL OFFICER,
KOTWALI, JABALPUR
CASE NO.
Ram Sewak Jaiswal ……………. APPLICANT
VERSUS
The state of Madhya Pradesh
AFFIDAVIT
I, Ram
Sewak Jaiswal, Aged about 72 years, S/o Late Mr. Ram Gulam Jaiswal, R/o House
No. 620/621, West Niwarganj Ward (Old), Kamla Nehru Ward (New), Village –
Hinautia, Tahsil & District – Jabalpur, (Madhya Pradesh) AIRTEL : 9893392528, E-MAIL : sarveshonline2010@gmail.com, the above named
deponent, solemnly affirm and state on oath as under:
1.
That I am APPLICANT in the above mentioned case and am fully
conversant with the facts deposed to in the REPLY.
2.
That the contents of paragraphs
1 to end of the accompanying REPLY are true to my personal knowledge and the
contents of paragraphs are based on legal advice, which I believe to be true.
No material has been concealed and no part is false.
3.
That the Annexure No(s). to the
accompanying case are true copies of the originals and I have compared the said
Annexures with their respective originals and certify them to be true copies
thereof.
PLACE : JABALPUR
DATED : DEPONENT
VERIFICATION
I, DR. HARI KRISHNA MISHRA,
the above named deponent do hereby verify on oath that the contents of the
affidavit above are true to my personal knowledge and nothing material has been
concealed or falsely stated. Verified at ______this______day of _______
DEPONENT
BEFORE THE COURT OF SUB- DIVISIONAL OFFICER,
KOTWALI, JABALPUR
CASE NO.
Ram Sewak Jaiswal ……………. APPLICANT
VERSUS
The state of Madhya Pradesh
LIST OF DOCUMENTS
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S.No
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Description of document
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Date of document
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Original copy
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Number of page
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1.
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Registered sale deed executed in favour of applicant
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20.01.1985
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Xerox
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05 (Five)
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2.
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Agreement with Town & Country Development Authority,
Jabalpur through its Chief Executive Officer
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24.03.1986
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Xerox
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03 (Three)
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3.
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NOC granted by Town & Country Development Authority,
Jabalpur through its Chief Executive Officer
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01.04.1986
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Xerox
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01 (One)
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4.
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Copy of the sanctioned map
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Xerox
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01 (One)
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5.
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Municipal Tax Receipt
amounting to the tune of Rs.1,100/-
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12.12.2015
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Xerox
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01 (One)
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PLACE : JABALPUR
DATED : ADVOCATE FOR APPLICANT
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