PURANLAL SEN Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition, petitioner has assailed an Order (P. 1) dated 10. 10. 2005 passed by Collector as competent authority Urban Land Ceiling Act, Jabalpur in which the application filed by petitioner for abatement of the proceeding under Urban Land Ceiling Act has been considered and decided pursuant to the directions issued by this Court in previous writ petition No. 5182/2001 decided on 11. 4. 05.

(2.) LAND of petitioner was declared as surplus in Ceiling Case No. 112/ A-90/b-9/81-82, the proceedings concluded and attained finality and after the gazette notification was made under Section 10 (3) of Urban Land Ceiling Act, land stood vests in the State Govt. Thereafter notice under Section 10 (5) was sent for taking of possession to the holder on 30. 8. 93. In the proceedings dated 29. 11. 93 of the aforesaid case, it was recorded that the holder was not present on the date fixed, hence, proceeding was taken ex parte and possession of the land which was declared surplus was taken. Correction of the record was ordered, thereafter name of State of M. P. was recorded. Proceeding was signed by Santlal Kotwar and in revenue papers name of State of M. P. was recorded, possession receipt was also on record which was signed by Shri Santlal Kotwar and patwari of the circle. Tahsildar has also certified the factum of taking possession in the receipt of possession. Hence, competent authority has held that possession was taken over in the aforesaid proceedings after declaration of the land.

(3.) THE Collector, i. e. , competent authority after the case was remitted in the previous writ petition has come to the conclusion that possession was taken over by the State in the year 1993, thereafter in the revenue papers entry of the State was made which has continued till today. Thus, repeal of the Urban Land Ceiling Act. as per Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short "repeal Act, 1999") has no effect as the possession was taken over after the land vested in the State under Sub-section (3) of Section 10