KARAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ORIGINAL plaintiff/petitioner Kamal Singh died during the pendency of this petition and hence the names of his legal representatives have been substituted as petitioners.

(2.) THIS petition, under Article 227 of the Constitution, is directed against the order dated 9-9-2005 passed in Miscellaneous Civil Appeal no. 17/2005 by the District Judge, Chhatarpur, whereby he has dismissed the plaintiffs appeal confirming the order of rejecting the application for grant of temporary injunction as passed by the Trial Court.

(3.) THE case of plaintiff Kamal Singh in his suit before the Trial Court is that the premises in question (land, house and well) belonged to the erstwhile maharaja Bhawani Singh of Chhatarpur who, on being pleased with the services rendered by his parents, gifted the same to him by a gift deed 12-7-1946. According to Kamal Singh, on 1-3-1958 he joined the services of the State Forest department and was posted at Chhatarpur on 24-11-1976 whereupon respondent No. 6, without his request, allotted the premises to him and started deducting its rent from salary. Kamal Singh has also averred that he even filed an appeal on 25-8-1978 against the deduction of rent but to no avail and the respondents continued to deduct the rent upto 1-10-1999 though he retired from service on 30-11-1995. According to Kamal Singh, respondent No. 5, the sub-Divisional Officer served him with a show-cause notice dated 5-12-1995 under the provisions of the Madhya Pradesh Lok Parisar (Bedakhali)Adhiniyam, 1974 (in short, "the Act") in Revenue Case No. 54-B/21/99-00 to which he replied and sought documents. Thereafter, respondent No. 5 by order dated 10-2-2000 held that the occupation of the premises by him was unauthorized and directed him to immediately vacate the same. In passing the eviction order respondent No. 5 acted as Competent Authority under the Act. Aggrieved with the order, Kamal Singh filed the suit from which this petition arises claiming the relief of permanent injunction and declaration that the order dated 10-2-2000 is void and without jurisdiction. He also filed an application for grant of temporary injunction.