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2007 Supreme(MP) 953

A.K.PATNAIK, S.S.JHA, A.M.SAPRE
B. B. Verma – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Rohit Arya, Sr. Counsel, for Appellants; V. K. Shukla, Dy. A. G., for Respondents.

Judgement

A. K. PATNAIK. C.J. (for himself and on behalf of S.S. Jha and A.M. Sapre, JJ.) :- These are references made by the Division Bench by order dated 4-5-2007 passed in W. A. Nos. 292 of 2002, 316 of 2006, 320 of 2006 and 321 of 2006, by order dated 17-5-2006 passed in W. A. No. 314 of 2006 and by order dated 19-6-2006 passed in W. A. No. 319 of 2006. By the aforesaid orders, the Division Bench has referred to the Full Bench two Division Bench decisions in Ch. Chandra Shekhar v. State of M. P. and others, 2002 (1) MPLJ 358 and M/s. Seth Mohanlal Hiralal v. State of M. P. and another, 2001 (5) MPHT 539 for reconsideration.

2. The facts briefly are that the agreements of the appellants with the State Government in respect of some public works were terminated by the respondents and orders were issued for recovery of money under Clauses 4.3.3.3 and 4.3.38.1 from the appellants as arrear of land revenue under the M. P. Land Revenue Code, 1959. The appellants raised a dispute before the Superintending Engineer (for short 'S.E.') contending that the action of the Executive Engineer in terminating the agreements and issuing orders of recovery was illegal. Since the S. E. did not decide























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