AMBRISH Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard finally with the consent of parties. Heard on I.A. No. 1964/2022, an application seeking grant of leave to file appeal under Sec. 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the final order dtd. 8/3/2018 passed in W.P. 9293/2010. The said I.A. Has been filed by the appellant in W.A. No. 255/2022.

(2.) Regard being had to the similitude of the controversy involved in the aforesaid appeals, they have been heard analogously and disposed of by this singular order. Both W.A. No. 16 7/2018 and W.A. No. 255/2022 are heard analogously and disposed off by this common order.

(3.) Brief facts of the case are that the appellant had filed a writ petition seeking quashing of proceedings in respect of land bearing Survey No. 1307/2 admeasuring 0.395 hectares(14000 sq. ft) land situated at Village Khajrana Teh and Distt. Indore. Earlier, the aforesaid land was owned by one Mr. Devikrishna S/o Saligram. Since the year 1972-73, Shri Parmanand, Puranlal and Bharatlal were in possession and had legally acquired ownership rights and recognizing such ownership rights by the order passed by the competent authority. Thereafter, their names were duly mutated in the revenue records in the year 1978. Shri Parmanand and others applied for diversion of the aforesaid land for residential purposes which was allowed vide order dtd. 14/3/1983. The land owner Shri Parmanand and others had filed necessary statements u/S 6 of the Urban Land (Ceiling and Regulation) Act, 1976[referred to as "the Act of 1976"] and a case was registered as Case No. 149/P-90/C-1/8283, in which after due inquiry, the respondent no.2 had passed an order holding that the land in question does not fall within the ambit of provisions of the Act of 1976. On 24/10/1986, Shri Parmanand and others obtained permission for construction from Indore Municipal Corporation. Thereafter, the land owners Shri Parmanand and others sold the aforesaid land in question to Shri Yeshwant Sankla vide registered sale deed dtd. 5/11/1988. Shri Sankhla sold the land in question to Mrs. Girija Agrawal vide registered sale deed dtd. 12/10/1992 who had also obtained permission for construction from the Indore Municipal Corporation on 20/11/1993. Thereafter, Mrs. Girija Agrawal sold a part of land i.e. 2945.375 sq.ft. with pakka shed to one Kushiram vide registered sale deed dtd. 15/5/2000 and had sold the other part of the land i.e. 7890.75 sq. ft by registered sale deed dtd. 5/4/2004 to the appellants. The appellants herein obtained permission for construction from the Indore Municipal Corporation dtd. 19/4/2007. A total area of Survey no. 1307 admeasuring 42,000 sq ft. which stood divided in three different parts. Out of the aforesaid total land, 14,000/- sq.ft is owned by the appellant. Another 14,000 sq. ft. was owned by one Mrs Monika Sankhla and another 14000 sq ft of the land is owned by Gurvindar Bhatia. The aforesaid land was shown to be affected by ceiling proceedings in the revenue records. The respondent no.2 declared the aforesaid land as surplus in reopened proceedings Case No. 391/A-90/C-1 and consequently, in the revenue records, since the action of respondent no.2 was an illegal, inoperative and without jurisdiction. Therefore W.P. No. 9293/2010 was filed.