SOHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have filed this writ appeal under Section 2 (1) of the madhya Pradesh Uchcha Nyayalaya (Khand Pith Ko Appeal) Adhiniyam, 2005 aggrieved by order dated 10-3-2006 passed by learned Single Judge in W. P. No. 1323/2006.

(2.) THE brief facts of the case are that agricultural land bearing Survey nos. 858,859,869,870,875 and 876 having a total area of 2. 027 hectares situated in Village Shakarpur Tehsil and District Gwalior, was belonging to one Kanno alia Hargovind. Deceased Kanno was having two sons, i. e. , Chimman Singh alias chimmanlal and Harprasad. It was the case of the petitioner that Chimmanlal died on 8-11-93 and thereafter, his legal heirs Sohanlal, Balwant, Sovran Singh and Pokhran alongwith Harprasad were looking after the agricultural land and became Bhumiswami of the aforesaid land.

(3.) COMPETENT Authority under the Urban Land (Ceiling and regulation) Act, 1976 (hereinafter shall be referred to as "act of 1976") has found the aforesaid land lying vacant and therefore, proceedings under the Act of 1976 were initiated in the year of 1995. It was directed that notice be issued to holders of land but it is admitted position on record that notices were not served, as the correct address of the appellants was not known to the Competent authority and therefore, return was not submitted as required under the Act of 1976 by the holders of the land. By order dated 30-1-1996 the land admeasuring 15770 sq. metre were declared "surplus" without notice and again it was directed that notice be served on the holders of the land. But from the record, it is clear that the notices could not be served on the appellants for one or the other reason. Thereafter, on 20-8-96 the "surplus" land was notified and proceedings under Section 10 (3) of the Act of 1976 were initiated. The notice of aforesaid notification and institution of proceedings under Section 10 (3) of the Act of 1976 were also not served on the respondents. Thereafter, it was the case of the respondent/state that on 30-7-97 receipt of possession was obtained and possession of the land was taken.