KISHANLAL Vs. STATE OF MADHYA PRADESH AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 30.04.2007 passed by respondent No. 3.

(2.) Brief facts of the case are that the petitioner is the owner of land bearing Khasra No. 9/1 admeasuring to 1.618 hectares situated at Village Madhotal, Tehsil and District Jabalpur. The said land is an agricultural land and is undiverted land. The petitioner was, thereafter, received an information that the land is being taken by the State Government under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'Act').

(3.) After remanding of the case, the High Court was pleased to pass an order dated 16.08.2005 directing that in similar matter, the Court has remanded the cases before the competent authority to find out whether the possession has been taken over as provided under Section 10 of the Act and if the possession has not been taken over, the Section 4 of the repeal Act of 1999 would come into play and the entire proceedings will stands abated. Before the competent authority, the petitioner has point out that the provisions of Section 10(5) of the Act rest on other proceeding for the purpose of land acquisition, therefore, they ought to have been considered while acquiring the land. While deciding the matter, the competent authority is required to see whether a notice under Section 10(5) of the Act was duly served on the land owner. After the direction issued by this Court, as the respondents have failed to comply with the same, the petitioner, therefore, filed a Contempt Petition No. 1307/2006 before this Court. In the said contempt petition, the respondents have filed a report stating that the possession of the land in question has already been taken. Thus, on the basis of this report submitted by the respondents, the contempt proceeding was dropped giving liberty to the petitioner to assail the order of competent authority in accordance with law. Being aggrieved by the said report i.e. Annexure-P/8, the petitioner has filed the present petition.