KRANTIKUMAR JAIN Vs. STATE OF M P

JUDGEMENT

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

(2.) The facts giving rise to this petition in short are that the petitioners stating themselves to be the owner of agricultural land in question bearing kh. no. 173/1/2, 173/1/2/3, 173/1/2/4, 174/2/2, 174/2/3 and 174/4 total area near about 6 acres situated in Patwari Halka No. 38 of Bairagarh Chichali, Bhopal has filed this petition contending that the same were purchased by them from its earlier Bhumiswamis namely Abdul Ajeet, Abdul Mazeet and Abdul Rasheed through registered sale deeds dated 1.2.1982, (Ann. P-1, P-2 and P-3) respectively. Subsequent to purchase, their names were mutated in the revenue records as Bhumiswami. In this respect copy of Khasra and Bhu-adhikar Rin Pustika have also been Annexures as P-4 and P-5.

(3.) As per further averments since the aforesaid date of purchase the petitioners being in uninterrupted continuous possession of aforesaid land have been cultivating through canal water and as per policy decision of the State such land having area below 10 acres, they were exempted from payment of the land revenue, hence they were not required to pay the same. By placing some receipts of the payment of water tax of Canal Water from the year 1987, Annexure P-6, it is stated that in the year 1998-1999, on account of losses suffered by the Agriculturists, the State of M.P. exempted formers to pay the irrigation tax, therefore they did not pay but subsequently it was paid by them regularly. During this period on some occasion due to hail storm the crops of such area was heavily damaged, on which policy decision to grant compensation to the formers was taken by the State of Madhya Pradesh. Pursuant to it, the petitioners also approached the authority for grant of compensation, then came to know first time that the aforesaid land has been declared as Government Land under the provision of Urban Land (Ceiling & Regulation ) Act 1976, in short "The Act" and pursuant to it, the compensation was not granted to them.