SANJAY YADAV, J.

In Writ Appeal No. 292/2017:

This intra Court appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 11-5-2017 passed in W.P. No. 1554/2010.

2. The writ petition by the petitioner was directed against the notification issued by the State of Madhya Pradesh under section 4 read with section 17(1) and 17(4) of the Land Acquisition Act, 1894 (for brevity “1894 Act”) for acquisition of the land bearing Survey No. 456 ad-measuring 2 bigha and 4 biswa (0.460 hectare) situated at Patwari Halka No. 42 Mahalgaon, Tahsil and District Gwalior. The challenge was on the ground that the same is issued mala fidely to deprive the petitioner of the benefit of a decree and is in flagrant violation of the provisions contained under section 4(1) and 17(1) and 17(4) of 1894 Act; and that, no public interest is involved. Learned Single Judge vide impugned order negatived all the contentions and dismissed the petition.

3. Relevant facts leading to the controversy are that land in question was declared surplus by the competent authority under the provisions of the Urban Land (Ceiling and Regulations