NARMADA SHANKAR Vs. COLLECTOR DIST DHAR

JUDGEMENT

(1.) The petitioners have filed this petition under Arts.226 and 227 of the Constitution, in the matter of M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharkon Ke Udhar Dene Walon Ke Bhumi Hadapane Sambhandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 and M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharkon Ke Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Niyam, 1976, to quash the order Annexure-P6 dated 15-7-82 passed by the Sub-Divisional Officer, Kukshi Manawar, in Rev. Case No. 82B-121 year 1978-79 and also to quash the order Annexure-Pll dated 23rd April, 1983 passed by the Collector, Dhar in No. 12/81-82 appeal.

(2.) The facts giving rise to this petition may be stated, in brief, thus: The respondent No. 3 Shobharam submitted an application under S.5 of the said 1976 Adhiniyam on 17-12-77 for restoration of possession of the agricultural lands on the ground that he is a bhumiswami on survey No. 24 area 6.563 hectares situated in village Jha-krud According to him the petitioners are money-lenders and 2.023 area of land of 6.563 of survey No. 24 was transferred to them on 29-4-76 by a registered conditional sale-deed Ex. P-2 for a consideration of Rs. 16,000/- for a period of three years; that after the expiry of the period of 3 years the petitioner would redeliver possession thereof to him on receipt of Rs. 16,000/- He, therefore filed the application to the effect that he was entitled to the benefits of the Act on account of which the possession of the disputed lands be restored to him. The copy of that application is Annexure-P.1

(3.) The petitioners contested the said application and contended that they are not money-lenders. They further contended that respondent No. 3 is not a holder of agricultural land as per cl.(c) of S.2 of the Act. Annexure P. 2A is the copy of the reply.