BASANT KUMAR JAIN Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed seeking the relief of quashment of the order passed by the SDO and Additional Collector, District Jabalpur as contained in Annexure-P-9 and P-12, declaring the transaction dated 21.6.1986 as prohibited transaction under the M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (M.P. Act No. 3 of 1977).

(2.) RESPONDENT No. 4, Mahendra Pratap Singh Chouhan filed an application u/s 5 of the Act No. 3/77 for declaring the transaction dated 21.3.1986 as prohibited transaction of loan and to annual the transaction. In the application filed it has been alleged that an agreement was entered into on 21.3.1986, Rs.10,000/- was the principal amount advanced as loan, as respondent No. 4 required the money for performance of marriage of his sister. The value of land was Rs.15,000/- per acre. It was mentioned that the land in question was the only land held by the petitioner, within the State of Madhya Pradesh which is in area 1.558 hectares. Respondent No. 4 further alleged that he has been ready and willing to pay the amount of the loan, if transaction is not annuled irreparable injury will be caused to him.

(3.) AN appeal was preferred before the Additional Collector. That has been dismissed. The order passed by the SDO has been affirmed. Hence, the present writ petition has been filed before this Court assailing the order passed by the SDO and Additional Collector.