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2002 Supreme(MP) 91

BHAWANI SINGH, K.K.LAHOTI
Mulayam Singh – Appellant
Versus
Budhuwa Chamar – Respondent


Advocates Appeared:
M.L.JAISWAL, P.K.JAISWAL,

Judgment

( 1. ) THIS appeal is directed against the order of the learned Single Judge in Writ Petition No. 5279/2000, dated 24-9-2001 allowing the petition and quashing the order dated 17-7-2000 passed in Revision No. R. N. /11-1/r/513/93 Board of Revenue, Gwalior (MP) and order passed by the Commissioner, Sagar Division, Sagar in Revision No. 222/a-6/91-92, dated 30th March, 1993 confirming the order of Additional Collector, District Chhattarpur in Revision Case No. 33/a-6/89-90, dated 28-12-1991 were restored.

( 2. ) THE facts of the case are that the respondent Budhuwa Chamar belongs to Scheduled Caste. He was landless person. He was allotted a piece of land on 3-11-1973 by Patta (Annexure A-1) under the provisions of Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the Code ). The patta was granted by Tehsildar, Laundi, District Chhattarpur. It was a temporary patta. The conditions No. 7 (1) and (4) of this Patta prohibit transfer of the land granted by the patta. However, condition No. 14 of the patta provides for conferral of bhumiswami rights on fulfilment of certain conditions and further grant of patta in the prescribed form "u". Subsequently, petitioner wa










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