(1.) PETITIONERS challenge the order dated 28.1.1998 whereby, the State Govt, respondent no. 1 cancelled the Permanent lease of the Nazul land bearing plot No.22, Nazul sheet No.7 admeasuring 429 Sq. ft situated at Kareliganj, District Narsinghpur allotted to the petitioner on permanent lease by order dated 8/2/1995; as also the consequential order dated 28/3/1998, 1/4/1998 and 16/4/1998.
(2.) THE facts briefly are that, on an application by the petitioner for an allotment of Nazul land and the proposal by the Collector Narsinghpur and a recommendation by Commissioner, Jabalpur Division, Jabalpur in a Revenue Case No.83-A/20(1) -90-91, the State Government granted sanction to allot Nazul land in Nazul sheet No.7, Plot No.22 area 429 Sq. ft situated at Kareliganj, District Narsingpur on a permanent lease for commercial purpose on the special conditions along with general conditions of lease.
(3.) COLLECTOR, Narsinghpur after issuing a show cause notice and considering the reply forwarded its proposal to the State Government through the Commissioner vide memo dated 10.4.1997 for cancellation of lease, holding that the transfer of land by virtue of sale deed was in breach of condition of grant of lease. The State Government vide order dated 28.1.1998 cancelled the order of allotment dated 8.2.1995 and directed the cancellation of lease deed. Pursuant whereof the revenue authorities came in action to resume the possession.