RAM NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra court appeal takes exception to order dtd. 28/2/2006, passed by the learned Single Judge in Writ Petition No.1759 of 2006, whereby the petition preferred by the appellants/petitioners has been dismissed.

(2.) The case of the appellants is that they are Bhumiswami of agriculture land situated in village Karmeta, P.C. No.26, Settlement No.497, Tahsil and District Jabalpur in Khasra No.95 and 200, comprising a total area 1.117 Hectares. The proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "The Act of 1976"), were initiated for declaring the land as surplus. Draft statement was issued on 30/11/1979. As per the order dtd. 3/3/1982, land admeasuring 64645.70 square meters was declared as surplus. The proceedings attained finality and the name of the State Government was recorded in revenue records.

(3.) The Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as "The Repeal Act, 1999") came into force on 18/3/1999 repealing the Act of 1976 with a saving clause in Sec. 3 of the Repeal Act, 1999. The appellants on 18/5/2004 made an application under Sec. 4 of the Repeal Act, 1999 read with Sec. 109 and 116 of the M.P. Land Revenue Code, 1959 (hereinafter referred to as "The Code of 1959") before the competent authority under the Urban Land (Ceiling and Regulation) Act, Jabalpur, stating that since the physical possession of the land in question remained with the appellants and only name of the State was entered into the Khasra, therefore, such Khasra entries should be corrected and the names of the appellants be re-entered in the revenue record.