M P SAMDARIYA Vs. STATE OF M P

JUDGEMENT

(1.) Order dated 15.9.11 passed by the Additional Collector, Jabalpur is being challenged in this writ petition under Article 226/227 of the Constitution of India. By said order petitioners request for recording him as owner of land admeasuring 0.983 hectare Khasra No. 19, S.N. 664 P.C. No. 20/17 Village Maharajpur has been declined on the ground that the same vests in the Government and is recorded as Government land after being declared surplus in a proceeding under Urban Land (Ceiling and Regulation) Act 1976 and taken possession of.

(2.) The land in question originally belonged to one Anandilal Dubey who owned the entire Khasra No. 19. In a proceedings under the Act of 1976 forming subject matter of case No. 308 9)/1981-82, land admeasuring 9831.17 sq.mts. was declared surplus. Possession of said land was handed over to the State on 27.2.92 as is apparent from the possession letter on record. The possession was given by one Shankar Prasad Tiwari, son-in-law of said Anandilal Dubey in presence of two independent witnesses Santlal and Arjun Prasad.

(3.) It appears that after the land in question has been declared surplus, said Anandilal through power of Attorney Holder Shri Anand Giri s/o Shri Sewak Giri Goswami sold the part of surplus land (i.e. the land in question) to one Kasturi Devi vide sale deed dated 26.3.90. Name of Kasturi Devi on the basis of sale deed was got recorded in panchshala Khasra.