HUKUM CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 9/2/2017 passed by Board of Revenue, Gwalior in case No.R.N. 5-3/R/296/94.

(2.) The necessary facts for disposal of the present petition in short are that the SDO, Dabra, District Gwalior initiated the proceedings under the provisions of M.P. Ceiling on Agricultural Holdings Act, 1960 against one Raghupratap Singh vide case No.6/A-74/A-90/B-3 and by order dated 15/10/1975 the SDO declared 36.81 acres of land as surplus. As a consequence thereof, the Naib Tahsildar by order dated 15/11/1988 initiated the proceedings for allotment of surplus land to the landless persons. The aforesaid action of Naib Tahsildar was challenged by Raghupratap Singh by filing Miscellaneous Petition No.1260/1988, which was disposed of by this Court by order dated 22/11/1988 with a direction to the authorities to take the land as per the wishes of the petitioners. In pursuance to the directions issued by this Court, the SDO by its order dated 30/1/1989 declared survey nos.560, 507 and 562, total area 36.81 acres as surplus land and directed the Naib Tahsildar to allot the same. On the proposal of Naib Tahsildar, the SDO took a decision in case No.12/77-78/A- 90/B-6 and directed to allot the land to different persons vide order dated 30/1/1989. The petitioners preferred an appeal before the Additional Collector, Gwalior. The Additional Collector, Gwalior directed for summoning the record, however, it appears that the SDO sent an information that the record has been sent to High Court. Accordingly, the Additional Collector, Gwalior by order dated 14/5/1991 dismissed the appeal on the ground that since the appeal is pending before the higher Court, therefore, it would not be proper to take the final decision. The order of the Additional Collector was challenged by the petitioners by filing a revision before the Additional Commissioner, Gwalior and the said appeal was also dismissed by order dated 23/12/1993 in case No.136/90-91/Revision. The Additional Commissioner, Gwalior Division, Gwalior also observed that it is clear from the letter of the SDO that the record has been sent to the High Court and the land has been taken up only in accordance with the orders of the High Court.

(3.) Being aggrieved by the order of the Additional Commissioner, Gwalior Division, Gwalior, the petitioners filed a revision before the Board of Revenue and by order dated 9/2/2017 passed in case No.R.N. 5-3/R/296/94 the Board of Revenue has also dismissed the revision by holding that on 22/1/2004 the competent authority has passed the final order, against which different appeals were filed before the Board of Revenue and the High Court, which have already been decided and, therefore, it is not necessary to reconsider the same issues.