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1995 Supreme(SC) 105

K.RAMASWAMY, M.N.VENKATACHALIAH
State Of M. P. – Appellant
Versus
Surendra Kumar – Respondent


Advocates:
S.K.AGNIHOTRI, S.V.DESHPANDEY, Sakesh Kumar, U.N.BACHHAVAT

JUDGMENT

This appeal by special leave arises from the order of the Division Bench of the Madhya Pradesh High Court in Misc. Petition No. 271/80 dated September 22,1981. One Km. Leila Violet Manorama Laxmanan, daughter of Dr, P. N. Laxmanan submitted an application before the competent authority (Annex 1 filed in this Court on October 31, 1979) seeking permission to alienate 16,500, sq. feet of the land together with 4,141 sq. ft. built up area situated in plot No. 7/1, Block No. 32 of Jabalpur city bearing Municipal No. 578, South civil Line, Jabalpur to the respondent. On receipt thereof, the competent authority on December 29,1979 exercised option to purchase the property . In furtherance thereof of the owner executed the sale deed on May 16,1980 in favour of the State of Madhya Pradesh of the property which was agreed to be sold to the first respondent. The first respondent thereafter approached the High Court by way of above writ petition impugning the legality of the purchase made by the Government. The High Court in the judgment held that the sale was not legal. In reaching this conclusion, the High Court held that until the ceiling proceedings are completed in accordance with







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