DILIP SAPRE Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant petition is languishing since 2001 to see its fate and listed under caption 'final hearing list'. With the consent of learned counsel for both the parties, the matter is heard finally.

(2.) This petition has been filed under Article 226/227 of the Constitution of India questioning the validity, legality and propriety of the order dtd. 3/7/2001 passed by the Board of Revenue in an appeal preferred under Sec. 41 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (for brevity "Act, 1960"). approving the order passed by the competent authority. The appeal was numbered as Appeal No.11-5/Ceiling/339/93 decided by the Board of Revenue by the impugned order dismissing the appeal preferred by the petitioner and hence this petition has been filed.

(3.) The adumbration of facts of the case lie in a narrow compass. Suffice it to say that at the time of initiating proceedings under the provisions of Act, 1960, the land in question belonged to deity and later-on in 1986 it got registered as a public trust. The gazette publication was made in this regard in State Gazette in 1982 and later-on the order has been passed on 24/5/1986 (Annexure-P/2) by the competent authority declaring the petitioner to be a 'pubic trust' and registered as such. According to trust deed, the petitioner-trust had 622.41 acres of land in Tahsil Rahli, District Sagar. At the relevant point of time, one Narayan Rao Kher was Sarvarakar of said trust and at the same time, he was also Sarvarakar of Dev Kaal Bhairavi and Yogeshwari Mandir (in short "Mandir") situated in Jabalpur having 69.99 acres of land. The property of petitioner as well as Mandir was clubbed together and proceeding initiated under the provision of Act, 1960 to declare the land surplus. The objections were invited but nobody came-forward except then Sarvarakar Narayan Rao and who made a request that property of the petitioner-trust and Mandir shall be clubbed together and proceedings be initiated thereafter. The Additional Settlement Commissioner proceeded accepting the request of the-then Sarvarakar and as an interim measure passed an order dtd. 5/7/1990 declaring 400 acres of land surplus. This order was later-on reviewed by another Additional Settlement Commissioner on 18/2/1991 and by that order total 630.84 acres instead of 400 acres of land was declared surplus. Against the order dtd. 18/2/1991 an appeal was preferred before the Board of Revenue and the Board of Revenue by order dtd. 27/6/1991 remitted the matter to the Additional Settlement Commissioner setting aside the order dtd. 18/2/1991 restoring the order dtd. 5/7/1990 and thereafter Additional Settlement Commissioner passed an order on 4/11/1992 (Annexure-P/4) and it is the final order in respect of the proceeding initiated under the Act, 1960 declaring 400 acres of land of petitioner surplus. Against this order, an appeal was preferred before the Board of Revenue and the Board of Revenue by impugned order dtd. 3/7/2001 (Annexure-P/5) dismissed the appeal maintaining the order passed by the Additional Settlement Commissioner.