The Madhya Pradesh High Court has held that a Collector’s order reopening ownership of land after many years is invalid if done without conducting a proper inquiry. The Court emphasized that when a property has been in undisputed possession or ownership for a long time, any attempt by the Collector to reclassify or reclaim that land must follow due procedure and timely action.
In the case at hand, the petitioner challenged a revised order by the Collector which purported to cancel a “patta” (ownership document) and re-record the land in the name of the Government more than two decades after the original ownership was settled. The Court found this delay—of over 22 years—unreasonable. It noted that once land ownership has been established over a long period, reopening such decisions without giving the owner a hearing, or when the delay itself is excessive, undermines legal stability.
The bench referred to precedent, such as Ranveer Singh & Others vs State of Madhya Pradesh (MPLJ 2010), which cautions that suprer-moto powers of revision by revenue authorities must be exercised within a reasonable time once the authority comes to know of the relevant facts. Excessive delay without justification may render such action bad in law.
Accordingly, the Court struck down the Collector’s order and held that in the absence of a timely inquiry, fairness, and due process, land ownership recorded long ago cannot be disturbed simply on the basis of delayed complaints or reports.
