GHANSHYAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition (though filed under Article 226 of the Constitution, but in fact this is petition under Article 227 of the Constitution), the petitioners seek quashment of the order Annexure D, passed in Review by respondent No. 3, the Sub Divisional Officer Jaora and all consequential proceedings taken thereafter.

(2.) THE petitioners are the joint tenure holders of certain agricultural lands situated at village Rignod, Tehsil Jaora, District Ratlam. Proceedings under M. P. Ceiling on Agricultural Holdings Act, 1960 were initiated against petitioner No. 1 in 1970 and final order was passed on 16-2-89 (vide Annexure A) by the S. D. O. Jaora in Case No. 193-A/90-B-3/74-75. Certain lands were declared as surplus and vested in the State under Sections 11 and 12 of the Act. However, the S. D. O. on its own motion and after seeking permission of the Collector on 20-3-81 (vide Annexure C) undertook review of the order Annexure A. Final order of review was passed on 23-3-91 vide Annexure D, whereby the original order Annexure A was reviewed and certain modifications were made in that order. It is this order Annexure D, which is sought to be impugned in this petition.

(3.) THE main grievance of the petitioners is that the S. D. O. acted without jurisdiction in reviewing its own order inasmuch as the Act of 1960 did not confer any such power of review on any authority acting under the Act. It was further submitted that the order of review was passed in undue haste and without giving any opportunity of hearing to the petitioners; while the petitioners No. 2 and 3 were not at all noticed. Service on petitioner No. 1 was also not valid.