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2020 Supreme(MP) 491

VANDANA KASREKAR
State of M. P. – Appellant
Versus
Shiv Enterprises – Respondent


Advocates:
Nilesh Jagtap, Government Advocate for petitioner/State; V. K. Jain with Vaishali Jain for respondent.

ORDER

1. By this petition, the petitioners/State Government are challenging the order dated 9.11.2015 passed by the President, Board of Revenue, M.P. Gwalior.

2. The land in question was personally granted to one Laxminarayan and had been recorded in his name. The family of the said Laxminarayan was also doing worship in the Laxminarayan Temple. Without there being any basis and competent order, on the land in question name of temple is added. Therefore, an application for correction of error was made to the Tehsildar and vide order dated 31.5.2005 the said mistake was corrected by the Tehsildar. The Collector in exercise of suo moto powers of revision, issued notice to the respondent, which was challenged before the Board of Revenue and the Board of Revenue by its order dated 2.11.006 set aside the action of the Collector holding that the land in question has always been a private property of Laxminarayan and his successors and neither is of Temple nor of the Government (Nazul). The said order was challenged by the State Government by filing a writ petition No. 7505/2007. The said writ petition was dismissed on 13.12.2007 by again holding that the land to be a private land. Agains

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