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2009 Supreme(MP) 670

A.M.NAIK
Nagar Panchayat, Aron – Appellant
Versus
Shanti Bai – Respondent


Advocates:
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S.K. Shrivastava for appellant; K.N. Gupta with Prakhar Dengula for respondent Nos. 1 to5, V.S. Chaturvedi Goverment Advocate for
respondent No.6 State.

JUDGEMENT

1. Short facts giving rise to this appeal are that the plaintiff/appellant instituted a suit for declaration and perpetual injunction with allegations that the land comprised in survey No.903 in area 0.073 hectare, and survey No. 904 in area O. 721 hactare situated in village Aeon belonged to the State of Madhya Pradesh. It was granted to Gram Panchayat Aeon in the year 1965 for plantation. Gram Panchayat occupied the said land by performing plantation. Adjacent to it, other land comprised in survey Nos.

905,906,907 and 909 is situated which belongs to defendant/respondents No.1 to 5. On formantion of Nagar Palika Aron and thereafter of Nagar Panchayat Aeon, land belonging to Gram Panchayat Aeon stood vested in the plaintiff. It is further alleged that a change was made in the field map by the revenue inspector, Aeon on 03-12-1994 on account of order dated 11-11-1994 passed by Additional Collector in case No. 20-N74-73:74 and of Tahsildar Aeon dated 01-12-1994 bearing No. Q/Re/l/94. Change was made in the map of Samwat 2014 (corresponding year 1957-58) after a period of 34 year which is contrary to law.

2. Plaintiff claimed for the relief that the change made in the se
















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