SUNDERBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India by the petitioners praying for quashing of the order dated 25-9-1982 (Annexure VII) passed by respondent No. 4.

(2.) The undisputed facts of this case are that the petitioners are the legal heirs of the deceased Gokulchand Gupta who died on 12-5-1981 during the pendency of the appeal before respondent No. 4 the appellate authority and were brought on record as such.

(3.) Shri I. S. Rathore, Deputy Collector was appointed as competent authority for Rajgarh Biora and Khilchipur Tahsils by the Collector, Rajgarh under Section 3 of the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam 1974 (hereinafter referred to as the Adhiniyam) vide Notification dated 21-2-1975. Proceedings before Shri Rathore commenced on 28-3-1975. It is also not in dispute that by the subsequent Notification dated 17-7-1975 the Collector, Rajgarh appointed Shri S. P. Sonkia, Deputy Collector as the competent authority under the Adhiniyam for Narsinghgarh and Sarangpur Tahsils. However, Shri I. S. Rathore continued to be the competent authority for Rajgaarh and Khilchipur Tahsils vide Annexure II. Thereafter Shri L. C. Malviya, Deputy Collector was appointed as competent authority for Rajgarh and Khilchipur Tahsils vide Notification dated 2-1-1976 (Annexure III to the petition). The petitioners have also filed certified copy of the proceedings before the competent authority as Annexure IV.