SHIVRAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India is preferred against the order dtd. 25/5/2012 passed by the respondent No.1 in case No.F-22-12/2004/28, whereby the order dtd. 8/10/2009 by which the present petitioners were allotted lands bearing survey Nos.58 and 343 admeasuring about 6.511 hectares and 0.533 hectares respectively situated in village Mungwara, Tahsil Gulabganj District Vidisha under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, was set aside holding that the said order was passed after the Act of 1954 itself was repealed by the Govt. of India in the year 2005, therefore, the authority had no jurisdiction to pass such an order.

(2.) For convenience, the proceedings in pursuance to which the above writ petitions had been filed are mentioned in the reference which are as under:- <IMG>JUDGEMENT_56_LAWS(MPH)12_2024_1.jpg</IMG>

(3.) Short facts in nutshell are that forefathers of the petitioners were in possession of the disputed property since last 50 years and on 23/9/2009 respondent No.1 issued a letter informing them that since they are in possession of the said land/evacuee property since last 50 years, which is also affirmed by the report of the Collector, Vidisha, they can be allotted the said land and in pursuance thereof they were directed to deposit requisite the then value of the disputed property, which was Rs.8552.00, payable to the rehabilitation department by way of challan, so that the proceedings to convert the possession of their disputed property into the valid title can be initiated.