UDAY PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Petition under Article 226 of Constitution of India has been filed against order dtd. 18/11/1999 passed by State of Madhya Pradesh (Revenue Department) in case No.1-53/98/7-9 by which order passed by the Additional Commissioner, Jabalpur Division Jabalpur on 2/3/1994 in case No.192/A-90/B-9/92-93 has been set aside as well as petitioner has also claimed that ceiling proceedings have stood abated in the light of Sec. 4 of the Urban Land (Ceiling And Regulation) Repeal Act, 1999 on the ground that possession was not taken.

(2.) Since the controversy involved in the present case revolves in a very narrow compass, therefore, for the sake of convenience, it would be sufficient to mention that by this petition, the petitioner has challenged the ceiling proceedings on two grounds :

(3.) It is the case of the petitioner that once the appeal filed by the petitioner was allowed, then no suomotu revision would lie to the State Govt. and thus, the reversal of order passed by the Appellate Authority under Sec. 33 of Act, 1976, by the State Govt. in exercise of power under Sec. 34 of Act, 1976 is without jurisdiction and thus the State Govt. was Corum non Judice. To buttress his contentions, the Counsel for the petitioner has relied upon the Judgments passed by Supreme Court in the case of Pune Municipal Corporation Vs. State of Maharashtra and others reported in (2007) 5 SCC 211 and Moradabad Development Authority Vs. Saurabh Jain and others reported in (2007) 8 SCC 305.