SHYAM SUNDAR Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGING the order Annexure P-l, dated 24th June, 2005 passed by board of Revenue and order Annexure P-2, dated 22-1-04 passed by Competent authority under the M. P. Ceiling on Agriculture Holding Act, 1960 so also challenging the order Annexure P-3, dated 14th July, 2000 passed by Additional collector, petitioner has filed this petition under Articles 226 and 227 of the constitution.

(2.) FACTS in brief which are necessary for deciding the controversy involved in this petition are that the land in question is situated in Village Chak jourasi, Tehsil Dabra, District Gwalior, initially the entire land consisting of 150 acres belonged to one Raghu Pratap. After the M. P. Ceiling of Agriculture holding Act, 1960 (hereinafter referred to as 'the Act') came into force and certain amendments were made by the Act No. 20 of 1974, ceiling proceedings were initiated with respect to the aforesaid land. The Competent Authority exercising jurisdiction under the Ceiling Act, initiated proceedings under section 11 of the Act and after complying with the requisite formalities in accordance to the said Act, passed the order Annexure R-l, dated 15-10-75. By the aforesaid order, it was held that the land holder Raghupratap is only entitled to hold 110 acre of land and remaining 30 acres was declared as surplus land. Out of the surplus land so declared, a area measuring 4. 339 acres was reserved as charnoi land and remaining land was directed to give on patta to the landless adiwashi persons in accordance with rules. Being aggrieved by this order annexure P-l, dated 15-10-75, legal heirs of Raghupratap namely his sons and daughters filed Writ Petition No. 979/93 before this Court. The matter come up for hearing on 25-9-95 and this Court found that before finalizing the ceiling proceedings draft statement as required under Section 11 and further requirement of sub-sections (2) to (6) is not followed, therefore, the petition was allowed and matter was remanded back to the Competent Authority with a direction to prepare a draft statement, the petitioners be given opportunity to submit their objections to the same and thereafter the Competent Authority was directed to decide the matter in accordance with law. After the matter was remanded, draft statement was prepared, objections were called for and an order was passed by the Ceiling Authority again on 15-7-96 vide Annexure P-7. By this order, the Competent Authority found that legal heirs of original holder were entitled to retain 123 acres of land, petitioner-Shyam Sunder and respondent No. 10 Yudhishthir were entitled to retain 18. 594 acres of land in pursuance to the decree passed by the Civil Court in their favour. It was further held that 4. 339 acres of land be reserved for Awas and Charnoi and remaining 4. 068 acres were declared as surplus land. It may be relevant to mention at this stage that in pursuance to the earlier order passed by the Competent Authority vide Annexure R-l, dated 15-10-95; patta was granted to seven Adiwashi persons and when the subsequent order was passed on 15-7-96 after remand by this Court in W. P. No. 979/93, it was held that the patta granted be declared as null and void.

(3.) AS the order dated 15-7-96 declaring the patta granted to seven persons was declared as null and void. The seven pattadhari filed an appeal under Section 44 of the M. P. Land Revenue Code before the Additional collector, Gwalior. It was their case that pattas granted to them by the competent Authority is cancelled without notice to them without hearing them, therefore, the same is illegal. Considering these contention, the appeal was allowed by the Additional Collector and vide Annexure P-3, dated 14th July, 2000, the matter was again remanded to the Competent Authority for deciding the question of Ceiling after hearing all concerned. In the said appeal, proceedings which was held before the Additional Collector, present petitioner-Shyam Sunder was arrayed as respondent No. 7 and respondent No. 10-Yudhishthir was arrayed as respondent No. 8. After remand order was passed matter was again taken up by the Ceiling Authority and fresh order of ceiling annexure P-2 was passed on 22-1-04. By the said order, it was found by the authorities concerned that the original holders are entitled to retain 123 acres of land, 4. 339 acres of land was directed to be reserved as Abadi and Charnoi land and remaining 2. 661 acres was declared as surplus land. In this order, it was further held that Shyam Sunder and Yudhishthir are not entitled to any land as decree was obtained by them from the Civil Court on the basis of compromise without impleading the State as party, it was held to be a collusive decree and on the basis of the said compromise decree, decree holder have no right. Placing reliance on certain judgment of the Supreme Court and of this Court, it was held that decree Civil Court is not binding on the Ceiling Authority. Against this order passed by the Competent Authority vide Annexure P-2, dated 22-1-04, petitioner-Shyam Sunder filed an appeal before the Board of Revenue under section 4 (3) of the Ceiling Act claiming his rights to the property to the extent decreed in his favour vide compromise judgment and decree Annexure P-6, dated 23-3-83 passed by the Court of Additional Civil Judge, Class II, Dabra in civil Suit No. 40-A/83.