KOMAL KEWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India claiming the following relief:-

(2.) Challenge is made to the order impugned dated 08.03.2019 (Annexure P/8) passed by the Collector (competent authority), Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as the 'Act, 1976') in pursuance to the direction issued by the High Court in W.P. No. 3751/2001 and direction given in W.P. No. 12128/2020 vide dated 01.02.2019 while disposing of petition.

(3.) The factual matrix of the case relevant for considering the questions raised thus, suffice it to say that in view of the provision of Act, 1976, a statement has been submitted by the original landlord Shri Dulichand and Shri Bhurelal, S/o. Shri Chottelal on 04.02.1984 under Section 6(1) in a case registered as Case No. 31/A-90 (B-9)/83-84. The draft statement was prepared as per requirement of Section 8(1) of the Act on 10.05.1988 which got served upon the land owner Dulichand on 16.07.1998 and final statement under Section 9 was prepared on 07.01.1989 which got served upon land owner Dulichand on 18.03.1989. Notification under Section 10(1) was published in a gazette on 19.05.1989 then further notification under Section 10(3) of the Act, 1976 was again published in State gazette 3(1) page 325 dated 23.09.1990.