THAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) IN this Writ Petition, petitioner is assailing the validity of orders passed by the SDO (Annexures P-10 & P-11) and order (Annexure P-13) passed by the Board of Revenue on 10.4.1987.

(2.) PETITIONERS submit that petitioner No. 1 had purchased 22.47 acres of land out of Survey No. 82 from Shri Lalchand, respondent No. 4, by registered sale-deed dated 18.7.1978, for consideration of Rs. 44,000/-. Similarly, petitioner No. 2 had also purchased the land total area 20.63 acres from respondents No. 4 & 5 by a registered sale-deed dated 18.7.1978, for a consideration of Rs. 40,000/-. Petitioner No. 3 had also purchased a land total area 22.50 acres in village Kotri from respondent No. 5 by registered sale-deed dated 18.7.1978 for a consideration of Rs. 45,000/-, and they were placed in actual possession of the said lands on the same day. Petitioners submit that as per Section 7 of the M.P. Ceiling on Agricultural Holdings Act, 1960, no holder or where the holder is a member of the family, no such family as from the appointed day be entitled to hold land other than exempted land in excess of the land as specified in the remaining part of that section. Petitioners submit that respondents No. 4 to 9 were not holding land in excess of the ceiling area as provided in Section 7 of the Act. Hence, no proceedings were initiated against the respondents by the competent authority. No return has been filed by the respondents No. 4 to 5 till the date of purchase i.e., 18.7.1978. The transfer of the same was not made in between 1.1.1971 to 7.3.1974 and that could not be the subject matter of scrutiny or adjudication under section 4 of the Ceiling Act., After sale of lands to the petitioners, on 18.7.1978, the respondent No. 4 had purchased 60 acres of land in Village Mokalwada, Tahsil Bareli, in the names of respondents No. 5, 6 & 7. The SDO, on information being obtained by him, under section 10 of the Ceiling Act, registered a Ceiling Case against the respondent No. 4 bearing case No. 117-A-90 (B-3) of 1984-85, passed an order on 9.4.1986 (Annexure P-6) and prepared and published a draft statement dated 28.5.1986 as contemplated by Section 11 (3) of the Ceiling Act. It was found that respondent No. 4 was holding an area of 206.74 acres of dry land as surplus land. Respondent No. 4 filed an objection which was allowed in part. Ultimately, as per order (P-10) dated 16.6.1986, the SDO came to the conclusion that 129.74 acres of dry land is liable to be declared surplus. The respondent No. 4 surrendered the land which was sold to the petitioners as per application (P-12) dated 2.2.1987. This surrender was accepted. Petitioners challenged the order of the SDO passed on 16.6.1986 before the Board of Revenue. The Board of Revenue as per order (P-13) passed on 10.4.1987 dismissed the appeal and present petition has been filed before this Court.

(3.) SHRI Shashank Shekhar, learned counsel for respondents No.1 to 3, submitted that remedy lies before the civil Court to challenge the order. Shri R. S. Tiwari, learned counsel for respondents No. 4 to 9, is unable to dispute the fact that the land which was sold, has been taken into consideration as the land held by respondent No.4 and also purchased by sale consideration within a period of 3 days has also been treated to be the land held by respondent No. 4 to 9.