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1980 Supreme(MP) 49

FAIZAN UDDIN, G.P.SINGH
Prabhu Nath – Appellant
Versus
Board of Revenue – Respondent


Advocates appeared:
M.M. Agrawal for petitioner
S.L. Saxena, Government Advocate for respondents No.2 to 5

ORDER

G.P. Singh, J. - 1. By this petition under Article 226 of the Constitution the petitioner seeks quashing of the order passed by respondents 1 to 4 relating to petitioner's ejectment under section 248 of the Madhya Pradesh Land Revenue Code, 1959.

2. The petitioner is running a Pan shop on a small piece of land measuring 15 square feet' which is part of a Nazul plot in Block No. 95 situated in Raipur town, the land in question is entered in the Maintenance, Khasra in the name of Director, Posts and Telegraphs, Nagpur, which shows that at some stage it was acquired for purposes of the Union Government. One of the contentions raised. by the petitioner in proceedings under section 248 was that the said; section was not applicable in respect of the lands belonging to the Central Government. The contention raised by the petitioner was negatived by, the Board of Revenue by its order dated 2nd September 1977 passed in the petitioner's revision. The Board of Revenue did not hold that the land did not belong to the Central Government. It rejected the petitioner's revision, on the view that section 248 applied also for ejectment of unauthorised-occupants' of lands belonging to the Central






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