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2012 Supreme(MP) 119

S.K.GANGELE, G.D.SAXENA
Savina Park Resorts and Tours Pvt. Ltd. , Gwalior – Appellant
Versus
State of M. P. – Respondent


Advocates:
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Gaurav Sarin and Sanjay Singh for appellant; Vivek Khedkar, Dy. Advocate General for respondents/State.

JUDGMENT

S.K. Gangele, J. - 1. Appellant has filed this appeal against the order dated 23.11.2011 passed by the learned Single Judge of this Court in Writ Petition No. 4595/2009. [Published in 2012 RN 97].

2. One Harmukha son of Samle Jatav, resident of Kheriya Mrityu, Tehsil and district Gwalior, had been granted a patta by Tehsildar vide order dated 04.01.1994 in regard to land bearing Survey No.55/1/M-3 having area 0.470 hectare and Survey No. 85/5 having area 0.627 hectare in village Kheriya Mritya, Tehsil and district Gwalior. Earlier, the said land was of the ownership of a society, named as ‘Gandhi Harijan Agriculture Cooperative Society. Harmukha was a member of the society. On account of dissolution of the society, the lease of the aforesaid land was granted in favour of Harmukha son of Samle. The appellant purchased the aforesaid land from Harmukha vide registered sale-deeds dated 15.01.2008 and 05.04.2008. Thereafter, the appellant submitted an application for mutation before Patwari, who forwarded the same to Tehsildar, Gwalior. During pendency of the mutation proceedings appellant submitted an application before Nazul Officer, district Gwalior for grant of ‘No Objection






































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