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2024 Supreme(MP) 222

SUNITA YADAV, MILIND RAMESH PHADKE
State of M. P. – Appellant
Versus
Adhunik Grih Nirman Sahakari Samiti Mydt. , Gwalior – Respondent


Advocates:
Writ Appeal No. 275 of 2013 (Gwalior); against the order dated 2.11.2012 passed in Writ Petiton No. 8414/2011 (reported in 2013 RN 8); Decided on 4.3.2024.
Ankur Mody, Additional Advocate General for appellants; Vinod Bhardwaj with Anand Bhardwaj for respondent.

ORDER

1. The present writ appeal under section 2 (i) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 2.11.2012 passed in W.P. No.8414/2011, whereby while allowing the writ petition the order passed by the Collector dated 11.11.2011 in suo-moto revision in case no.97/10-11 was quashed.

2. The order passed by the learned Single Judge is assailed raising a question as to under which provision of law, the lease holders who were granted the lease in 1972 had obtained the absolute transferable rights to transfer the lease land free from embargo of permission from Collector and further whether they had such rights in 1976 or 1978, when they were granted the Bhumiswami rights.

3. Learned counsel for the appellant/State, Shri Ankur Modi, learned AAG had vehemently submitted that as per the provisions of section 158 (3) of MPLRC the cut of date for conferred of Bhumiswami rights in respect of land under lease by its deaming provision is suggested and finally indicative of the Bhumiswami rights effected from 28.10.1992 in respect of the land being held under lease prior to 28.10.1992 and as per section 158 (3), the lease holder of pre-amen

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