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2021 Supreme(MP) 603

ANAND PATHAK
Gopal – Appellant
Versus
Mangilal – Respondent


Advocates:
K.N. Gupta with Praveen Newaskar for petitioners; Devendra Choubey, Government Advocate for respondents No. 2 to 5/State.

ORDER

1. Instant petition is preferred by the petitioners under article 226 of the Constitution of India (mainly under article 227 of the Constitution of India) being crestfallen by order dated 12.5.2021 (Annexure P/4) passed by the Madhya Pradesh Board of Revenue (hereinafter shall be referred to as “Board”); whereby, appeal preferred by the petitioners under Section 44(2) of M.P. Land Revenue Code, 1959 (hereinafter shall be referred to as “Code”) got dismissed and order dated 5.8.2010 (Annexure P/2) passed by the Additional Commissioner, Chambal Division, Morena has been affirmed and order dated 15.10.2007 (Annexure P/1) passed by the Collector,Sheopur has been set aside.

2. Precisely stated facts of the case are that at village Ichchhapura, District Sheopur, late Motilal Mali S/o Siriya Mali (father of respondent No. 1) was granted a Patta by Bhoodan Board [Constituted as per the M.P. Bhoodan Yagna Adhiniyam, 1968 (hereinafter shall be referred to as “Adhiniyam, 1968”]. It appears that land was given on Patta purportedly around or after year 1968. In year 1977, petitioners purchased the land through registered sale deed from late Motilal and that is the point of dispute existing

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