ORDER

1. The instant petition is languishing since 2001 to see its fate and listed under caption ‘final hearing list’. With the consent of learned counsel for both the parties, the matter is heard finally.

2. This petition has been filed under Article 226/227 of the Constitution of India questioning the validity, legality and propriety of the order dated 3.7.2001 passed by the Board of Revenue in an appeal preferred under section 41 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (for brevity “Act, 1960”). approving the order passed by the competent authority. The appeal was numbered as Appeal No.11-5/Ceiling/339/93 decided by the Board of Revenue by the impugned order dismissing the appeal preferred by the petitioner and hence this petition has been filed.

3. The adumbration of facts of the case lie in a narrow compass. Suffice it to say that at the time of initiating proceedings under the provisions of Act, 1960, the land in question belonged to deity and later-on in 1986 it got registered as a public trust. The gazette publication was made in this regard in State Gazette in 1982 and later-on the order has been passed on 24.5.1986 (Annexure-P/2) by the competent authori