LAWS(MPH)-1980-9-52

KRISHNA RAO SHINDE Vs. STATE OF M.P.

Decided On September 20, 1980
Krishna Rao Shinde Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THE short question that arises for consideration in this petition is whether the Gwalior Dairy Ltd. was holding the lands as a Government lessee as laid down by section 181 of the M.P. Land Revenue Code. 1959, (here -in -after referred to as 'the Code') and, consequently, could be evicted under section 182 of the Code from such holding.

(2.) THE Gwalior Dairy Ltd., was incorporated in 1942 under the Gwalior Companies Act and it is undisputed that it is deemed to have been incorporated under the Indian Companies Act. The company obtained two leases from the erstwhile State of Gwalior for plots of land situated near the city of Gwalior. The lease was given of plots No. 4 -A south, 4 -A north and 7 -A, the whole land admeasuring 104 acres, and a second lease of land bearing Plot Nos. 1 -A, 2 -A, 3 -A, 5 -A, 6 -A, 1 -B, 2 -B, 3 -B, 4 -B, 5 -B and 6 -B near Hanuman Temple and the plot of land between Sonrekha and its tributory admeasuring 391.05 acres were also given. To start with, the lease of the land admeasuring 104 acres mentioned above was for one year, but subsequently the period was extended to 10 years. The other lands were leased out for a period of 25 years from 1 -7 -1942. On the expiry of the lease the Additional Collector, Gwalior, started proceedings for taking possession o' the land under section 182 of the Code. By his order dated 1 -10 -1977 the Additional Collector ordered eviction of the company from the land. It appears symbolic possession was also taken by the State Government, but it is also clear from the record that the company is in actual possession of the land. The Government has been accepting rent from the company. The fact that it is in actual possession is beyond dispute, as it has been pointed out that by an order of the High Court a receiver has been appointed to manage the, affairs of the company and also the property held by the company. The petitioners seek to challenge the order of the Additional Collector as being illegal and without the authority of law.

(3.) A preliminary objection has been raised by the respondents as to the maintainability of the petition at the instance of the share -holders. It may be stated that the petitioners are two share holders of the Gwalior Dairy Ltd., and after the company lost cases before the revenue Tribunals, it has come before this Court challenging some of the orders apprehending that if that was not done, the company win be liquidated. The preliminary objection further goes on that the share -holders have no authority to maintain the petition. The management of the company has not taken any action to challenge the various orders of the revenue tribunals. On the contrary, the managing director Shri M.R. Phalke had acceded in taking over the company's lands by the Government.