BAGDUDAS ALIAS BAGDIRAMDAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India.

(2.) THE Government of Madhya Pradesh issued an order No. 745/3693/eight/73 on 12-4-1974 by which it was directed that the name of the collector should also be entered alongwith the name of the Pujari in the khasra of agricultural lands, belonging to the temples which are not private trusts. This order was issued because the Government received complaints that the Pujaries of the public temples were unauthorisedly disposing of or mortgaging the lands belonging to Government or public temples. On 28-5-1979 the Commissioner, Ujjain Division, Ujjain issued an order No. Q/ deosthan/75/8611 which was described as standing order by which the collectors of Ujjain Division were directed to properly manage and administer the properties of the Government temples. According to the petitioner, in pursuance of the said order issued by the Commissioner, Ujjain, the respondents are proceeding to auction lands which are in possession of the petitioner without giving him an opportunity of being heard in the matter. The petitioner's grievance that he is in possession of the lands and is also entitled to remain in possession and the respondents have no autho-rity to dispossess him from the same and the action of the respondents has threatened his legal right to be in possession of the said lands and enjoy the same. The petitioner has challenged in this petition the aforesaid order issued by the Government of M. P. , the standing order issued by the Commissioner, Ujjain Division, Ujjain and the action of the respondents in proceeding with the auction of the lands in question.

(3.) THIS petition and other petitions were heard alongwith M. P. No. 187 of 1979 as similar questions arise in these petitions. In the order passed by us in M. P. No. 187 of 1979 (Sadasiv Giri v. The State of M. P. and others) we have negatived the contention of the petitioners that the said order issued by the Government and the said standing order issued by the Commissioner are illegal and unauthorised. We have also held in that petition that the action of the authority concerned in auctioning the land is without the authority of law as the petitioners are threatened to be dispossessed from the lands in question forcibly and without following the procedure laid down by law. Therefore, for reasons stated by us in our order passed in m P. No. 187 of 1979 the action of the respondents in proceeding with the auction of the lands cannot be sustained and to this extent this petition deserves to be allowed.