BHAGWATI BAI Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioners are assailing the order Annexure P-1, dated 3rd August, 1994 passed in Revision No. 206/four-90 by the Board of Revenue, M. P. , Gwalior rejecting the prayer of petitioners to take the matter in suo motu against the order passed by the Additional Commissioner, Jabalpur Division, Jabalpur in Case No. 255/a-90/b-3/74-75.

(2.) AN application under Section 42 of the M. P. Ceiling of Agricultural Holdings Act, 1960 (in short 'the Act') was submitted by the petitioners before the Board of Revenue praying therein that the order passed by the Additional Commissioner, Jabalpur in Case No. 255/a-90/b-3/74-75 be set aside. Though the application which was filed by the petitioners before the Board of Revenue has not been annexed to this petition, but on going through the order it is revealed that the contention of petitioners is that land in question is Joint Hindu Family property, therefore, the Competent Authority under the Act in law in not registering separate cases against petitioner Bhagwati Bai and her sons. As a matter of fact, each case ought to have been registered separately. This objection was raised before the Additional Commissioner but the same was not decided. On these premised submissions, it was prayed before the Board of Revenue that the matter be taken-up for hearing in suo motu.

(3.) THE State Government before the Board of Revenue submitted that there is no cogent reason to take the matter in suo motu and prayed that the application be dismissed.