LALAJI CHOUBEY Vs. STATE OF M P

JUDGEMENT

(1.) The appellant aggrieved by an order of learned Single Judge dated 1.3.2006 in W.P.No. 13534/2005, has preferred this appeal under section 2(1) of the M.P.Uchha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005. Before the learned Single Judge the appellant challenged the order dated 10. 10.2005 passed by the Additional Collector and competent authority Urban Land Ceiling Act, Jabalpur in revenue case no.60/B-121/88-89, by which the Additional Collector found that the petitioner was dispossessed by the Revenue Officer from surplus land declared under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'Act' for short) on 4.8.1988. The competent authority also found that due procedure for dispossessing the appellant was followed by the revenue authorities and after dispossession of appellant the land was recorded in the name of State of M.P., in place of appellant, the holder of land. Earlierthe petitioner filed a writ petition W.P.No.3763/2005, in which order Annexure A-2 dated 23.5.2005 was passed and the competent authority was directed to look into the fact whether possession of the land was really taken over or not as per law and decide this question accordingly.

(2.) The order passed by learned Single Judge has been assailed on following grounds :-

(3.) Shri Vijay Shukla, learned Deputy Advocate General raised following contentions :-