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SUSHRUT ARVIND DHARMADHIKARI, DEVNARAYAN MISHRA
Ambrish – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Matter is heard finally with the consent of parties.
Heard on I.A. No. 1964/2022, an application seeking grant of leave to file appeal under section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the final order dated 8.3.2018 passed in W.P. 9293/2010. The said I.A. Has been filed by the appellant in W.A. No. 255/2022.
Regard being had to the similitude of the controversy involved in the aforesaid appeals, they have been heard analogously and disposed of by this singular order. Both W.A. No. 1627/2018 and W.A. No. 255/2022 are heard analogously and disposed off by this common order.
This intra Court appeal under section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dated 08.03.2018 passed in W.P. No. 9293/2010 whereby the learned Single Judge is dismissed the writ petition as well as the review petition.
2. Facts of W.A. 1627/2018
Brief facts of the case are that the appellant had filed a writ petition seeking quashing of proceedings in respect of land bearing Survey No. 1307/2 admeasuring 0.395 hectares(14000 sq. ft) land situated at Village Khajrana Teh & Distt. Indore. Ear
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
Timely objection is essential in ceiling proceedings; long delay in seeking judicial intervention leads to barring of relief due to laches, irrespective of alleged possession.
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
The court established that proceedings under the Urban Land (Ceiling and Regulation) Act abate if possession is not taken before the Repeal Act, but claims can be dismissed on grounds of delay.
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