KASTURIBAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 226 of the Constitution of India challenging the notice dtd. 29/1/2010 (Annexure-P/1), whereby the Additional Collector and Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (in short ULCR Act) directed them to remove the encroachment from the land bearing Survey No.310 area 0.509 hectare, Village - Tejpur Gadbadi, District - Indore.

(2.) Vide order dtd. 18/3/2015, writ petition was allowed by the Writ Court by holding that the Kabza Panchnama dtd. 27/2/1984 is merely a paper possession, made only for the purpose of completing the paper formalities, hence, now the possession cannot be taken from the petitioner. accordingly, impugned notice dtd. 9/1/2010 was set aside.

(3.) Being aggrieved by the aforesaid order, the State of Madhya Pradesh preferred W.A. No.125 of 2017. Vide order dtd. 10/10/2017, the Division Bench of this Court has held that the learned Single Judge did not decide the preliminary objection raised by the State Government in respect of the inordinate delay of 26 years in filing the writ petition, hence, set aside the order dtd. 18/3/2015 and remanded the matter back; firstly to decide the issue of limitation, then the writ petition be decided on merit in accordance with law.