DILJEET MOHAN GORAKSHKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY filing this petition under Articles 226 and 227 of the Constitution of india the petitioners have challenged the order dated 12-4-2004 (Annexure P-5)passed by the first respondent State of M. P. by which sanction was accorded to the second respondent Collector Hoshangabad to confiscate the property of deceased Mohan Sunder Gorakshkar and also against the consequential orders dated 1-5-2004 (Annexure P-6) and 19-5-2004 (Annexure P-7) issued by the collector and the Sub Divisional Officer (Revenue), respectively.

(2.) PETITIONER No. 1 is son and the petitioner 2 is widow of one Mohan sunder Gorakshkar who died on 26-2-1994 at Mumbai (Maharashtra ). The deceased Mohan Sunder Gorakshkar had purchased a bungalow constructed on nuzul Plot No. 14 Sheet No. 20 admeasuring 8100 sq. ft. , Civil Area at pachmarhi District Hoshangabad from one Dennis Torry vide registered sale-deed dated 17-4-1984 (Annexure P- l ). After the purchase of the said property the same was mutated in the name of Mohan Sunder Gorakshkar in the revenue records. According to the petitioners deceased Mohan Sunder gorakshkar resident of Mumbai, but he used to visit frequently the aforesaid bungalow named as 'green Slopes' at Pachmarhi. During his life time he used to deposit the rent to the Nuzul Department and property tax of the Bungalow to the Special Area Development Authority (SADA) Pachmarhi.

(3.) THE petitioners stated that after the death of Mohan Sunder gorakshkar the said Bungalow 'green Slopes' came into their possession and they started maintaining the same by keeping a Care Taker for the purpose. They were depositing the rent in the Revenue Department and the property tax in t he office of the SADA Pachmarhi. In the year 2002 the Care Taker also died. Thereafter the petitioners used to visit the said bungalow as and when it was possible for them. It is also stated that they applied through their Advocate for mutation of their names on the basis of Will dated 23-10-1990 (Annexure P-3)executed in their favour by the deceased Mohan Sunder Gorakshkar.