KHUSHAL CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner was served with a notice under Section 4 of the Madhya Pradesh Lok Parisar (Badakhali) Adhiniyam, 1974 (hereinafter referred to as the 'Adhiniyam'), specifying therein that the petitioner is in an unauthorised occupation of a public premises. It was specifically mentioned that the house No. 34/D is under the control of Public Works Department of the State Government. After issuance of show-cause notice, the petitioner has shown the cause and claimed that he is not in an unauthorised occupation of the premises. He raised a dispute and submitted that he is the owner of the property. He has submitted his evidence and, on examination of evidence the Competent Authortiy found that the Public Works Department has not been able to demonstrate its title over the disputed house and dropped the proceedings.

(2.) The house was claimed to be the property under the control of Public Works Department. The petitioner had filed a sale deed dated 22-2-1958 to demonstrate that the disputed property was sold by one Mohd. Ulbaq to Gulabchand and Khushalchand, sons of Roop Chand Jain. The petitioner contended that he is the owner of the property. The Sub-Divisional Officer dropped the proceedings.

(3.) It appears that the proceedings were initiated on the application of Public Works Department, which shows that the proceedings initiated were not proper. The proceedings were registered on the application of Public Works Department.