DEVENDRA KUMAR BAKSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution the petitioner seeks quashing of the exparte order dt. 27.12.1983 passed by the competent authority and order dt. 31.5.1995 passed in appeal by the Commissioner, Jabalpur in ·proceedings under Urban Land (Ceiling and Regulation) Act, 1976 (for short the 'Act') in relation to the alleged agricultural land held by late Shivram Bakshi (father of the present petitioner).

(2.) THE relevant facts leading to the present petition are as follows:

(3.) SHIVRAM Bakshi died on 27.1.1985 as per the copy of the death certificate (Annex. P -4) filed with the petition. As is disclosed from the entire order sheets of the ceiling case of late Shivram Bakshi filed by the State with the return, on 8. L91 the counsel engaged for late Shivram Bakshi intimated the fact of death of his client and sought leave to substitute the names of his legal representatives ·including the present petitioner. On 7.7.92 the competent authority brought on record the names of the legal representatives of late Sqivram Bakshi. On 22.1 0.92 on behalf of the petitioner an application was filed for setting aside the exparte order passed under section 8 of the Act on 25.7.83. By order passed on 24.10.92, the competent authority held that only certain specified powers of Civil · Procedure Code are available to the competent authority by virtue of section 31" of the Act, but it has no power to set aside an exparte order preparing draft statement under section 8 of the Act. Against the order of the competent authority dt. 24.10.92 the petitioner preferred an appeal under section 33 of the Act to the Commissioner, Jabalpur who also by the impugned order dt. 31.5.95 refussed to interfere and maintained the order of the competent authority passed on 24.10.92.