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1983 Supreme(MP) 1

G.P.SINGH, FAIZAN UDDIN
STATE OF MADHYA PRADESH – Appellant
Versus
BOARD OF REVENUE, GWALIOR – Respondent


Advocates Appeared:
R.K.VARMA, Y.S.DHARMADHIKARI

G. P. SINGH, C. J.

( 1 ) THIS order will also dispose of Miscellaneous Petition No. 1051 of 1981. This case illustrates how unimaginative and casual (we refrain from using the word mala fide) execution of land reforms legislations by revenue officers cannot only completely defeat their object but can also burden the State with enormous financial liabilities for which it is really not liable.

( 2 ) ONE Hariprasad Naik was proprietor of village Shivpuri in Raigarh District. The proprietary rights were abolished by the Madhya Pradesh Abolition of Proprietary Rights Act, 1950, with effect from 31st March 1951 which was the date of vesting under the Act. The consequences of vesting are given in Section 4 of the Act which, like any other similar Act. vests in the State free from all encumbrances all rights, title and interest of the proprietor in the land of a proprietary village including grass land, scrub jungle, forest etc. A proprietor was allowed to retain in his possession, as provided in Section 4 (2), only homestead and home-farm land. It appears that village Shivpuri was essentially a forest area and in the normal course almost the entire village ought to have vested in the Stat



























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