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1980 Supreme(MP) 315

K.K.DUBE, H.G.MISHRA
MAHADEO – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
M.A.SHAH, R.S.Bajpai

MISHRA, J.

( 1 ) THIS is a petition under Article 226 read with Article 227 of the Constitution of india for quashing the order dated 9-6-1978 (Annexure II) passed on an appeal by the Board of Revenue. Madhya Pradesh, confirming the order passed by the competent Authority (Additional Commissioner. Raipur), dated 12-8-1977 (Annexure-I), declaring void transfers evidenced by sale deeds (Annexures III to VII ).

( 2 ) THE case of the petitioners is that Ram Prasad was father of Ganesh Prasad. Ganesh Prasad died during lifetime of his father leaving behind him a son mahadeo alias Mahadeo Prasad and a daughter Kalindi. Mahadeo has a son mahendrasingh alias Dongarsingh. Ram Prasad died on 18-6-1971. On 1-1 1971. Ram Prasad Mahadeo Prasad and his son Mahendra were members of joint family. Smt. Kalindi has also acquired rights in the property devolving on her on death of Ram Prasad.

( 3 ) IN proceedings under the M. P. Ceiling on Agricultural Holdings Act, 1960 (for short 'the Act'), the Competent Authority had published a draft statement showing the entire holding consisting of 315. 10 acres of land as belonging to mahadeo Prasad, petitioner No. 1 alone. Mahadeo prasad, who happened to be


























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