VISHAL CHANDRAKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this writ petition under Article 226 and 227 of the Constitution of India, preferred by the holders of the agricultural land, is to the order passed by the Board of Revenue on 28-4-1989 (Annexure P- 8) as also for a declaration that the sale-deed dated 2-2-1972 executed by the holder in favour of respondents No.4 and 5 be declared as valid. It has also been prayed that the entire holding be declared as unirrigated and the respondents be restrained from interfering in the possession of the petitioners over the land in question.

(2.) The proceedings under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Now Chhattisgarh Ceiling on Agricultural Holdings Act, 1960; henceforth 'the Act, 1960') was initiated by the Sub-Divisional Officer, Durg, however, in view of the fact that the lands belonging to the original holder Smt. Basanbai is situated in more than two districts of Raipur Division, the ceiling case was transferred to the Additional Commissioner, Raipur Division. The Additional Commissioner, on the basis of information supplied by the Superintendent, Land Records, Ceiling, issued draft statement under Section 11(3) of the Act, 1960. In the absence of any statement (Vivarani) having been submitted by the holder, the draft statement was pasted on the house of the original holder. The Additional Commissioner-cum-competent authority passed an order on 20-5-1976, however, the said order was set aside by the Board of Revenue by its order dated 5-2-1977 (Annexure P-2) on the ground that the original holder was not heard before passing of the order.

(3.) In the proceedings after the remand, the Additional Commissioner passed final order on 30-9-1985 (Annexure P-3) to hold that out of the total area of 176.91 acres of land the holder is found to have surplus land admeasuring 17.81 acres. While passing the said final operative order, the Additional Commissioner recorded the following findings: