STATE OF M.P. Vs. BALRAM

JUDGEMENT

(1.) THE State has preferred a petition under Articles 226 and 227 of the Constitution of India against an order Annexure P/13 passed by the Board of Revenue. The Board of Revenue has remanded the matter back to the competent authority to determine the surplus area afresh after affording due opportunity to the petitioner. It came to the conclusion that a service of the order on the respondent was net in accordance with law. It has also recorded a finding that some fictitious record was prepared with a view to show that the present respondent Balram was duly served.

(2.) I have gone through the order, annexure P/13 as also annexure P/10. In annexure P/10, it has been categorically mentioned that that process server did not visit the village where the landowner is 'residing but went to different village.

(3.) AFTER remand and adjudication of surplus area in accordance with law, the possession would be taken status quo with regard to possession would be maintained till matter in re -decided.