DHANIRAM (DEAD) Vs. STATE OF M P

JUDGEMENT

(1.) This writ appeal is directed against an order dated 12.4.2002 passed by the Single Bench in Writ Petition No.1449/2002 by which the writ petition preferred by the appellants, seeking following reliefs, was dismissed;

(2.) Learned counsel for appellants has raised following contentions:-

(3.) Shri Vijay Pandey, learned Dy.Advocate General submitted that the learned Single Judge has rightly dismissed the petition as possession of the land was also taken in the y ear 1992. The petition was filed belatedly. It was further submitted by him that as per record received today, notice under Section 10(5) of the Act was issued on 29.2.1992 and thereafter possession was also taken. He has shown the record of the proceedings in which on 29.2.1992, notice was issued and it was served by affixure and thereafter, it was submitted that one document is available in the file showing that, the possession was taken by the Naib Tahsildar. The possession was taken in the presence of witnesses Mangilal Kewat and Kanchedilal Kewat.