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2022 Supreme(MP) 1456

SANJAY DWIVEDI
Ram Prasad Patel – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Rohit Raghuvanshi, Advocate, for the Appellant; Shri S.K. Shrivastava, Govt. Advocate, for the Respondent

JUDGMENT

1. The petitioners have filed this petition under Article 226 of the Constitution of India challenging the legality, validity and propriety of the order dated 27.05.2009 (Annexure P/2) passed by the respondent no.2 in Revenue Case No. 67/A-90/82-83, whereby the respondent no.2 has rejected an application submitted by the petitioners. In the said application, the petitioners claimed that in place of name of the State illegally recorded in respect of the land situated at Village Purwa, bearing N.B. No. 162, Patwari Halka No. 28/33, Khasra No. 662/15, area measuring 70724 hectares, the entry be corrected and the name of the petitioners be recorded. The respondent no.2 rejected the said application mentioning therein that the land in question has been vested in the Government and in view of the proceeding initiated under the provisions of Urban Land Ceiling and Regulation Act, 1976 (for brevity, 'Act of 1976') which has been repealed by the Urban Land Ceiling and Regulation (Repeal) Act, 1999 (for brevity, 'Act of 1999'), there is no such provision in the Repeal Act, when possession has already been taken of the land, the said land shall be released. It is also mentioned in the

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