PRAHLAD Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India the petitioners have challenged the order dtd. 24/12/2019 passed by the Additional Commissioner, Ujjain Division, Ujjain.

(2.) As per the petitioners, their predecessor Sitaram Prajapati applied under Sec. 59 read with Sec. 172(1) of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') for diversion of his agricultural land situated at Neemuch city to purpose other than agriculture i.e. commercial. He died on 18/2/2019 after which they have been substituted. The Sub-Divisional Officer, Neemuch by order dtd. 18/4/2017 assessed the land revenue of the land to the tune of Rs.28,671.00 per annum liable to be paid from the year 2011- 2012. The premium of land for commercial purpose was fixed at Rs.1,43,352.00 in terms of Sec. 59(5) of the Code and penalty amounting to Rs.1,43,352.00 was also imposed under Sec. 172(4) thereof.

(3.) Being aggrieved by the order aforesaid, Sitaram preferred an application before the Sub Divisional Officer for review which was dismissed by order dtd. 18/8/2017. Being aggrieved, Sitaram preferred an appeal under Sec. 44(1) of the Code before the Additional Collector which was only partly allowed by order dtd. 10/1/2018 to the extent that the land revenue was held liable to be paid from the year 2016-2017 instead of 2011-2012. Being aggrieved by the said order Sitaram preferred Second Appeal under Sec. 44(2) of the Code before the Additional Commissioner which has been dismissed by him by the impugned order dtd. 24/12/2019.