PREETAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this writ appeal under the provisions of section 2(1) of the M.P. Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 22-11-2011 passed by the learned Single Judge in W.P. No. 2591/2011, upholding and affirming the order passed by the respondent authorities dated 3-2-2011 whereby the claim of the appellant for grant of lease hold rights over Nazool land bearing Khasra No. 254 in District Umaria has been rejected. It is alleged by the learned counsel for the appellant that the impugned order passed by the learned Single Judge deserves to be set aside as the petition filed by the appellant has been decided without taking into consideration the orders passed by this Court in W.P. No. 5624/2006 and W.P. No. 597/1993 in spite of the fact that the appellant had relied upon the same and had also tiled an application for review along with the copies of the aforesaid judgments wherein relief, similar to the one prayed by the appellant, has been-granted by this Court. It is also submitted that the learned Single Judge has also failed to take into consideration the fact that the appellant was entitled to grant of lease hold rights under the provisions of the Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 (hereinafter referred to as the Adhiniyam of 1984) in spite of the fact that the eviction suit filed by the respondent No. 4 against the appellant had been allowed. It is submitted that in view of the aforesaid infirmities the order passed by the learned Single Judge as well as the order passed by the respondent authorities dated 3-2-2011, rejecting the application of the appellant for grant of lease hold rights, be set aside.

(2.) The learned counsel for the private respondent submits that the land in question was and is in the possession of the respondents since the past several decades and a house had also been constructed by them over the same. It is stated that the respondents had inducted the appellant as a tenant but subsequently a suit for eviction had been filed by them against the appellant in which the appellant had also filed a counter-claim for being declared bhoomi swami of the land in question. It is also pointed out that the aforesaid suit No. Civil Suit 3-A/2002 filed by the respondents was decreed on 20-9-2007 while the counter-claim filed by the appellant was dismissed. The First Appeal/Civil Appeal No. 184-A/2007 filed by the appellant was dismissed on 19-11-2007 and the Second Appeal No. 1838/2007 filed against the aforesaid judgment and decree was also dismissed by this Court on 23-2-2011 affirming the judgment and decree of the trial Court. It is further submitted that the land of Khasra No. 254 is, a Nazool land however as the respondents were in possession of the same prior to 1955 the same was settled in their favour by the erstwhile Rewa State and the house thereon was purchased by them from Durga Prasad in auction and thereafter the land was also proposed to be settled in their favour by the State Government by granting them lease in Nazool Case No. 1412-A-20/78-79 and, therefore, as the land in question was in their occupation and was not vacant land, the same could not have been allotted to the appellant under the provisions of the Adhiniyam of 1984.

(3.) The learned Dy. Advocate General appearing for the respondent/State submits that as the dispute between the appellant and the respondents regarding right to occupy the land, bhoomi swami rights and tenancy rights, etc., was raised by the parties before the trial Court and as the competent Civil Court had decided the same against the appellant and in favour of the respondents, therefore, the authorities have rightly rejected the claim of the appellant.