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1995 Supreme(MP) 677

R.D.Shukla, C.K.Prasad
Shrikrishna – Appellant
Versus
State of M. P. – Respondent


Advocates:
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K.G. Maheshwari and S.S. Agrawal for appellants; Surjeet Singh for State.

JUDGMENT

Per Shukla, J. 1. This Judgment shall govern the disposal of all these appeals which are directed against the judgment and order dated 2.8.1994 of learned Single Judge passed in WP No. 1311/94 whereby WP Nos. 1310/94, 1309/94, 1307/94, 1308/94, 1306/94, 1327/94, 1326/94 have been disposed off.

2. The brief history of the case is that the petitioners in all those petitions filed different petitions with the averments that they are Pujaris of Temple and the land attached to the Temple were given to them in Inam, Consequently they acquired right of Bhoomiswami under the provisions of section 158 of MP Land Revenue Code (for short ‘the Code’). They are continuously in possession of the land, their names were recorded as Bhoomiswami along with the Collector of the District. However, Government of MP by an executive order Annex. P-5 directed for removal of the names of the petitioners from the revenue records with a further direction that the Collector of the District be incorporated as ‘Manager’. It was further contended that this is contrary to law and is a violation of fundamental rights guaranteed under Articles 25, 26, 31A and 300A of the Constitution of India.

The petitioners


























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