PRABHUDAYAL Vs. STATE OF M P

JUDGEMENT

(1.) In this writ petition under Article 226/227 of the Constitution of India, the petitioners seek a direction for quashment of the orders contained in Annexures P/l, P/5, P/11, P/12, P/14 and P/15 as well a direction restraining the respondents from taking possession of the land belonging to the petitioners bearing Khasra Nos. 35/1 and 92/ 2 situate at village Gohalpur, District Jabalpur on the ground that the same has been declared surplus under the provisions of Urban Land (Ceiling and Regulation) Act, 1976.

(2.) Facts giving rise to filing of the writ petition briefly stated are that father of petitioner Nos. 1 and 2 late Sarmanlal was the owner of certain lands situate at Village Gohalpur, Jabalpur. Pursuant to the partition effected amongst the members of the family, the land held by late Sarmanlal was allotted to him as well as the petitioners. A proceeding under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 1976 Act) was initiated against the petitioners as well as their father namely late Sarmanlal. On receipt of notice, the petitioners as well as their father submitted a return on 4-8-1980 before the competent authority. The competent authority on receipt of the return filed on behalf of the petitioners as well as their father, called for the report of the revenue officer in respect of lands in question. Thereafter, the competent authority by order dated 29-9-1997 passed a final order under Section 8(9) of the 1976 Act by which land admeasuring .995 hectares was declared surplus. While passing the aforesaid order, the competent authority also took into account land bearing Khasra No. 39/2 situate at village Gohalpur and declared the same to be surplus.

(3.) The petitioners immediately on receipt of the order dated 29-9-1997 filed an application under Section 45 of the 1976 Act on 25-11-1997 for correction of clerical error. It was pointed out in the application that land bearing Khasra No. 39/2 situate at village Gohalpur, Distt. Jabalpur was already acquired by the Jabalpur Development Authority in the year 1968 and the compensation has already been paid to the petitioners. However, the aforesaid land has inadvertently been taken into account while computing the entitlement of the petitioners to hold the land. However, the aforesaid application was not decided. Thereafter, by a notice issued under Section 10(5) of the 1976 Act dated 31-5-1999 Annexure P/5 by the competent authority, Urban Land Ceiling, Jabalpur, the petitioners were informed that they should handover the possession of land admeasuring 9950 Sq. metre within a period of 30 days to the Tahsildar, Nazul. The Tahsildar, Nazul was directed that in case the petitioners do not handover the possession of the lands, he should take requisite action to take possession. Thereupon, the petitioners again submitted a reply Annexure P/6 and pointed out that the clerical error which has crept in with regard to land bearing Khasra No. 39/2 be corrected, as the aforesaid land has already been acquired by the Jabalpur Development Authority and is not in possession of the petitioners.