KAMLA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) HEARD.

(2.) CHALLENGING the action of the State Government in transferring the land in question bearing survey No. 1560 area 13 bigha 9 viswa to respondent No. 4 in violation to the right and title available to the petitioner for the property in question, this writ petition has been filed. It is the case of the petitioner that she is wife of Late Mani Shankar Mudgal, and property bearing survey No.1556,1557 and 1560 belongs to petitioner's husband late Mani Shankar Mudgal. According to the petitioner, as there was some dispute with regard to ownership and title of the land in question, a civil suit was filed bearing No. 29A/73 and the Additional Civil Judge, Class II Sheopur by judgment and decree dated 14/10/1974, Annexure P - 1 declared that one Ram Lubhaya has purchased a part of the property from the petitioner's husband Late Mani Shankar Mudgal and the purchase was found to be in order.

(3.) SHRI V.K. Bhardwaj, Senior counsel for the petitioner inviting my attention to certain orders passed in similar circumstances in the case of Ram Bharose Soni V State of M.P. 2002 Vol. II MPWN 22, argued that when the property belongs to a citizen and documents show the same, the State cannot deprive the right of citizen for enjoyment and use of the property without following the due process, in accordance with law. It was contended that the transfer effected by the State Government to respondent No. 4 for setting up a Rice Mill is illegal, therefore, this writ petition has been filed.