CHANAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) SHORT facts leading to the writ petition are that the petitioner is a holder of piece of land comprised in Survey No. 382 in area 14.2 acres and 393 in area 2.92 acres situated at village Bawadia Kalan Tahsil Huzur, District Bhopal. The land was purchased vide registered sale deed dated 30 -11 -1963 contained in Annexure/P -1 by Sardar Vir Singh son of Ganda Singh and Bal Singh and Chanan Singh both sons of Arun Singh. A partition is stated to have been effected in Case No. 6 -A -27/85 -86 as revealed in Annexure/P -2. It is further averred that all the persons continued with the possession over the respective shares as per the partition. The petitioner came to know from a publication issued by the Bhopal Development Authority that the competent authority under Urban Land (Ceiling And Regulations) Act, 1976 had passed orders against the petitioner on 13 -11 -1980 and 19 -8 -1991 in Case No. 103/80 and 125/80 respectively. Appeals preferred by the petitioner have also been dismissed by the Commissioner, Bhopal Division.

(2.) THE petition has been preferred on the grounds that the possession of the subject land and the mandatory procedure of notice provided under Section 8(3) of the Act was not followed as per the rules. The appeal ought to have been decided by the Commissioner on merits and should not have been dismissed on the question of limitation.

(3.) ABSENT . Final statement under Section 9 was served on his wife. The surplus land was determined and finally notified in M. P. Gazette dated 5 -12 -1980 and 27 -3 -1981 as revealed in Annexure/R -3. The Respondent/State has placed on record a 'Kabzanama' which reveals that Chanan Singh handed over the possession of the surplus land. A 'Panchnama' was also prepared which is placed on record.