BABU Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioners before this Court ? Babu S/o Jafar and Rustam S/o Jafar have filed this present petition being aggrieved by the notice dated 08.10.2007 (annexure P-1) issued by the additional collector/competent authority under the Urban Ceiling Act informing the petitioners' father that the land bearing survey No.209/2 situated in village- Khajrana is a government land and it was declared as a surplus land under the provision of Urban Ceiling Act and as they were enchoroachers why action should not be initiated against them.

(2.) Present petition was filed in the year 2008 and on 17.06.2009, the coordinate Bench of this Court has granted an interim order restraining dispossession of the petitioners. Learned counsel for the petitioners has argued before this Court that the petitioners' father namely Jafar S/o Launga was the title holder of the property and the property was purchased i.e. the property bearing survey No.209/2, area 0.526 Hectare, Village-Khajrana, Tehsil-Indore on 16.03.1973 through a registered sale deed. The sale deed is also on record as annexure P-2.

(3.) Even a civil suit was preferred in the matter i.e. Civil Suit No.612A/84 and 10th Civil Judge, Class-II, Indore has passed the judgment and decree on 16.04.1987 holding the father of the petitioners Jafar as title holder of the property bearing survey No.209/2 area 0.526 hectare. The petitioners have further stated that the names of the petitioners were mutated in the revenue record and copy of Khasra Panchshala right from year 1980-84 (annexure P-2) reflects that the petitioners were title holders and they were in possession of the suit property.