MAHADEO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 read with Article 227 of the Constitution of India for quashing the order dated 9-6-1978 (Annexure II) passed on an appeal by the Board of Revenue. Madhya Pradesh, confirming the order passed by the Competent Authority (Additional Commissioner. Raipur), dated 12-8-1977 (Annexure-I), declaring void transfers evidenced by sale deeds (Annexures III to VII).

(2.) The case of the petitioners is that Ram Prasad was father of Ganesh Prasad. Ganesh Prasad died during lifetime of his father leaving behind him a son Mahadeo alias Mahadeo Prasad and a daughter Kalindi. Mahadeo has a son Mahendrasingh alias Dongarsingh. Ram Prasad died on 18-6-1971. On 1-1 1971. Ram Prasad Mahadeo Prasad and his son Mahendra were members of joint family. Smt. Kalindi has also acquired rights in the property devolving on her on death of Ram Prasad.

(3.) In proceedings under the M. P. Ceiling on Agricultural Holdings Act, 1960 (for short 'the Act'), the Competent Authority had published a draft statement showing the entire holding consisting of 315.10 acres of land as belonging to Mahadeo Prasad, petitioner No. 1 alone. Mahadeo prasad, who happened to be the Karta of the family, filed objections, whereby it was brought to the notice of the Competent Authority that the following transfers by way of sale had been made by him in favour of petitioners Nos. 4 to 8 :