ATTAR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) HEARD . The petitioner has filed this petition against the order dated 31-12-2010 (Annexure P/1) passed by the Collector (Urban Land Ceiling), Gwalior.

(2.) BY the aforesaid order, the Collector has rejected the application filed by the petitioner to correct the entry in the revenue record. The proceedings under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 [ hereinafter referred to as " Act of 1976"] were initiated against the petitioner and his family members. Another case was also registered under the same Act. The competent authority under the Act of 1976 vide orders dated 28-12-1987 and 16-09-1988 declared the land of 815 square meter as surplus and ordered that a draft statement be prepared. Against the aforesaid orders, the petitioner filed an appeal before the Additional Commissioner, Gwalior which was registered as Appeal No.125/88-89. The Additional Commissioner vide order dated 22nd January, 1991 set aside both the orders and remanded the case back to the competent authority for fresh adjudication. During pendency of the case before the competent authority, the Urban Land (Ceiling and Regulation) Repeal Act, 1999 [hereinafter referred to as "Repeal Act of 1999''] came into force. Consequently, the proceedings were dropped against the petitioner. During pendency of proceedings, a notice under Section 10(5) of the Act of 1976 was issued to the petitioner for delivery of the possession. Copy of notice has been filed along-with the return.

(3.) THE petitioner submitted an application before the Collector for correction in the revenue record. No action was taken on the application. Then, he filed a petition before this Court which was registered as Writ Petition No.7454/2010. This Court disposed of the writ petition vide order dated 14-12-2010 with the following direction:-