RAMESHCHANDRA MANGAL Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) THIS is a petition under Article 226/227 of the Constitution of India.

(2.) FACTS lie in a narrow compass. The land bearing Survey No. 4/1, situated in Village Piplia Kumhar, Tehsildar Indore was originally owned by one Babulal s/o Shaligram from whom the petitioner purchased it through registered sale -deed dated 23.2.1981 (Annexure -'P/1'). The respondent issued notice to the original owner Babulal on 31.5.1986 under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') (Annexure -'P/2'). The said Babulal, in the case No. 442/A/90/C/1/77 -78, filed objections. The respondent passed an interim order on 16.9.1981 (Annexure -'P/4') behind the back of the objector and elected to pass final order after affording opportunity of hearing to the objector. On 29.7.1982 it appears that the objector remained absent. The respondent, therefore, dismissed the objections (Annexure -'P/4'). The appropriate authority issued the notification under section 10 (3) of the aforesaid Act (Annexure -'P/5') informing the vesting of the aforesaid land in the State Government. Aggrieved by Annexures -'P/4' and 'P/5', the petitioner has filed this writ petition.

(3.) IT is not disputed before me that the land in question was purchased by the petitioner on 23.2.1981 and no notice was ever issued to the petitioner.