MULLA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is of 2014. On 22/6/2021, it was directed to be listed for final hearing at motion stage. The record of ceiling case was also called for on 28/10/2022. On 14/3/2023, it is informed to the Court that record has been received in the office of Advocate General, but not available with the counsel for State, therefore, the matter was further adjourned and directed to be fixed for 23/3/2023. Although on 23/3/2023 the matter was taken up but since the Advocates were on strike, therefore, it was further adjourned for 21/4/2023. Thereafter, again it was fixed for 26/4/2023 and on 18/8/2023, since the parties agreed to argue the matter finally, therefore, it was accordingly finally heard.

(2.) To resolve the controversy involved in the instant case, certain important facts are required to be taken note of, which are as under:-(2.1) The petitioners are the owner of the land bearing Khasra Nos. 82, 85, 145/2 and 146/2, area measuring 1.816 hectares situated in village Purwa, Patwari Halka No.28, Tehsil and District Jabalpur. According to petitioner, they are still cultivating the land.

(3.) As per the petitioners, neither any notice under Sec. 10(5) of the Act, 1976 has been issued nor possession was voluntarily handed over and thereafter no notice under Sec. 10(6) of Act, 1976 was issued. The original owner is still in physical possession of the land since 1993 and still they are cultivating the same. Application under Sec. 4 of the Repeal Act, 1999 was submitted by the petitioners before the competent authority in which the competent authority on 13/7/2011 (Annexure-P/11), but since the same has been rejected, therefore, this petition has been filed pointing out the illegalities and irregularities committed by the respondents/authorities that without following the mandatory procedure and principle of natural justice, the land of petitioners has been declared surplus and vested in the State.