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2024 Supreme(MP) 669

MILIND RAMESH PHADKE
Shivraj Singh – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Pawan Singh Raghuwanshi, Madhur Bhargava, S.K. Sharma and K.K. Sharma for petitioners; M.S. Jadon, Government Advocate, for respondents/State.

ORDER

[Regard being had to the similitude of the controversy, these nine petitions were heard analogously and decided by this common order. For factual convenience, facts as narrated in W.P. No.4374 of 2012 are taken into consideration.]

1. The instant petition under Article 226 of the Constitution of India is preferred against the order dated 25.5.2012 passed by the respondent No.1 in case No.F-22-12/2004/28, whereby the order dated 8.10.2009 by which the present petitioners were allotted lands bearing survey Nos.58 and 343 admeasuring about 6.511 hectares and 0.533 hectares respectively situated in village Mungwara, Tahsil Gulabganj District Vidisha under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, was set aside holding that the said order was passed after the Act of 1954 itself was repealed by the Govt. of India in the year 2005, therefore, the authority had no jurisdiction to pass such an order.

2. For convenience, the proceedings in pursuance to which the above writ petitions had been filed are mentioned in the reference which are as under:

S. No.

W.P. Nos.

Reference Case Nos.

1

4374/2012

F-22-12/2004/28

2

4627/2012

F-22-12/2

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