RAMCHARAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Instant petition is preferred under Article 227 of Constitution of India being crestfallen by order dated 18-10- 2004 (Annexure P/1) passed by Court of Collector (Urban Land Ceiling), District Gwalior whereby the proceedings of the case of the petitioners stand abated in view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as 'the Repeal Act 1999').

(2.) Precisely pleaded facts of the case are that an area admeasuring 5.956 hectare of land consisting of 14 survey numbers as pleaded in the petition at village Mahu District Gwalior was entered into the name of Mattu Singh, who was the original holder of the aforesaid pieces of land. He was survived by two sons namely, Laxman Singh and Sitaram. Present petitioners are legal representatives of Laxman Singh.

(3.) Vide order dated 10-10-1979 Additional Tahsildar, Tahsil and District Gwalior recorded the partition of aforesaid land which took place between Laxman Singh and his brother Sitaram by which land belonging to six survey numbers fall to the share of Laxman Singh and 50% share in the land belonging to other survey number vide 721, 722, 732 min and 733 in those survey numbers, land were also held by Laxman Singh. Rest of the 6 survey numbers fell to the share of Sitaram with 50% share in the above land in which Laxman Singh was having share.