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2012 Supreme(MP) 1255

K.K.TRIVEDI
MANOHAR KUMARI DAGA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. B. Upadhyay,Priyankush Jain,Anurag Shrivastava
For the Respondent: Ajay Mishra,Pratyush Tripathi,Ravish Agrawal,A. P. Shroti R. D. Jain,P. K. Kaurav

JUDGMENT :

1. This order will also govern the disposal of Writ Petition No. 7335/2002. However, for the convenience facts are taken from Writ Petition No. 1133/2008.

2. The petitioners have approached this Court calling in question the orders dated 31-5-2006 and lease deed dated 6-10-2007 executed by the respondent No. 1 in favour of respondent No. 7 contending inter alia that they are the owners and in cultivating possession of the land bearing Khasra Nos. 361, 362, 363, 364, 371/1, 434, 437, 439, 405/1, 356/1, 406, 407/1, 422/1 and 421 total area admeasuring 37.58 acres situated at Village Babadiyakala, Tahsil Huzur, District Bhopal. It is contended by the petitioners that since treating as if the aforesaid land vested in the State Government under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 1976 Act for brevity), despite the fact that the land was never vested in the State Government, the orders of allotment of land on a lease to the respondent No. 7 has been issued, therefore, they are required to approach this Court by way of filing this writ petition. It is contended that earlier a writ petition was filed on the same subject-matter when cer

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