( 1 ) THIS is a petition under Arts. 226 and 227 of the Constitution for quashing the notice of the Collector, Jabalpur D/-27-5-1986/29-5-1986/5-8-1986 whereby the coloniser's licence of the petitioner has been suspended and a show cause notice given for cancellation of the licence on the ground of suppression of the fact that the petitioner had not disclosed in his application that the disputed land was exempted from Urban Land (Ceiling and Regulation) Act, 1976 for agricultural purposes only and it was mentioned therein that in case the land is to be used for any other purpose, the provisions of the Act would he attracted if and when colonisation is taken on hand and no such sanction was obtained.

( 2 ) THE petitioner is a registered Co-operative Housing Society registered under the M. P. Co-operative Societies Act, 1960. The facts not in dispute are that the petitioner purchased Kh. No. 185/2 situate in village Laxmipur, tahsil and district Jabalpur by registered sale deed D/-27-5-1983 from Jiyalal and others; Revenue Case No. 5 A/90 (B-9)/79-80 was pending before the Competent Authority constituted under the Urban Land (Ceiling and Regulation) Act, 1976 in which the Competent Authority granted exemption from the provisions of Urban Ceiling Act; the petitioner then moved an application before the Additional Collector for grant of coloniser's licence under S. 24, M. P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, (hereinafter referred as to the 'adhiniyam') in the prescribed form as required under R. 3, M. P. Vinirdishta Bhrashta Acharan Nivaran (Coloniyon Ka Registrikaran Tatha Vikas) Rules, 1982 (hereinafter referred to as the 'rules'); the petitioner got the above land diverted from agricultural purposes to non-agricultural purposes and a certificate to that effect was enclosed; the Additional Collector called for a report from the Competent Authority under the Urban Ceiling Act and also from the S. D. O ). , District Nazul Officer, Town and Country Planning Department, Jabalpur and Municipal Corporation, Jabalpur, the Competent Authority reported that the land shown as agricultural land in the Master Plan has been exempted from the provisions of the Urban Ceiling Act but the provisions of the Act would be attracted if and when the development of colonisation is taken in hand; the Additional Collector after making elaborate enquiry as required under R. 4 granted the colonisation licence in Form II prescribed under R. 5 on 27-2-1984. Therefore, the Additional Collector was aware while granting the licence that the exemption under the Urban Ceiling Act was in respect of agricultural land and in case of diversion the land would come under the Urban Ceiling Act; thereafter the petitioner applied in Form IV under R. 10 for establishment of a colony on the disputed land giving all necessary information and also enclosed a letter of the Competent Authority to the Joint Director appointed under the M. P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 Stating that the land purchased by the petitioner-Society has already been exempted from the provisions of the Urban Ceiling Act; the petitioner also enclosed along with the application a copy of the licence issued under R. 5, copy of the sale deed and no-objection certificates from the Jabalpur Development Authority, Municipal Corporation and the Town and Country Planning Department; the District Nazul Officer also gave a detailed report; the Collector after considering all the relevant material produced before him, granted permission for development of the Colony on 30-10-1984; after permission for development of the colony was granted, the petitioner undertook construction of roads, digging of tube-well, laying of a network of pipelines, installation of electric poles for providing electricity to the members of the society, making available telephone facility, construction of 34 houses and park; the petitioner has already spent Rs. 10,68,601. 20 fordevelopment of t