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2008 Supreme(MP) 925

Ajit Singh, J.
Karan Singh and others v. State of M.P. and others
Writ Petition No. 10752 of 2005 (Jabalpur); Decided on 29.8.2008.

Headnote:(1) Lok Parisar (Bedakhali) Adhiniyam, 1974 (M.P.) -- Ss.3 and 17 -- notification of delegation of powers to Collectors issued on 5.2.1975 but published in Gazette on 16.4.1976 -- notification of Collector appointing competent authorities issued on 26.8.1975 published on 19.9.1975 -- appointment of competent authorities becomes valid since 16.4.1976 being in anticipation. AIR 1965 SC 458 followed. AIR 2000 SC 1102 and AIR 2003 SC 269 referred to. [Para 10

        (2) General Clauses Act, 1957 (M.P.) -- Ss.22 and 3 -- principle of anticipatory action behind S.22 -- may be applied to an order of delegation.

        The principle of anticipatory action behind section 22 of the 1957 Act can also be applied to an order of delegation made by the State Government under section 3 of the Act. Applying this principle, the Collectors order appointing Sub-Divisional Officers including respondent No.5 as competent authority though made earlier and published earlier to the date when the delegation under section 17 of the Act became operative by publication in the Official Gazette was valid. The order, however, became operative from the date delegation became operative by publication of the notification in the Official Gazette. [Para 12

        ¼1½ yksd ifjlj ¼csn[kyh½ vf/kfu;e] 1974 ¼e-Á-½ && /kkjk 3 rFkk 17 && dyDVjksa dks ‘kfDr;ksa ds izR;k;kstu dh vf/klwpuk 5-2-1975 dks tkjh ijarq jkti= esa 16-4-1976 dks izdkf‘kr && l{ke izkf/kdkfj;ksa dks fu;qDr djus dh dyDVj dh 26-8-1975 dks tkjh vf/klwpuk 19-9-1975 dks izdkf‘kr && izR;k‘kk esa gksus ds dkj.k l{ke izkf/kdkfj;ksa dh fu;qfDr 16-4-1976 ls oS/k gksrh gSA , vkb vkj 1965 ,l lh 458 vuqlfjrA , vkb vkj 2000 ,l lh 1102 rFkk , vkb vkj 2003 ,l lh 269 fufnZ"VA ¼iSjk 10

        ¼2½ lk/kkj.k [kaM vf/kfu;e] 1957 ¼e-Á-½ && /kkjk 22 rFkk 3 && /kkjk 22 ds ihNs izR;kf‘kr dkjZokbZ dk fl)kar && izR;k;kstu ds vkns‘k ij ykxw fd;k tk ldrk gSA

        1957 ds vf/kfu;e dh /kkjk 22 ds ihNs izR;kf‘kr dkjZokbZ dk fl)kar vf/kfu;e dh /kkjk 3 ds v/khu jkT; ljdkj }kjk fd, x, izR;k;kstu ij Hkh ykxw fd;k tk ldrk gSA bl fl)kar dks ykxw dj] dyDVj dk izR;FkhZ dz-5 lfgr mi[kaM vf/kdkfj;ksa dh l{ke izkf/kdkjh ds :i esa fu;qfDr djus okyk vkns‘k oS/k Fkk ;|fi og ml fnukad ds iwoZ fd;k x;k Fkk rFkk izdkf‘kr gqvk Fkk tc vf/kfu;e dh /kkjk 17 ds v/khu izR;k;kstu jkti= esa izdk‘ku }kjk izofrZr gqvkA rFkkfi] vkns‘k ml fnukad ls izofrZr gqvk tc jkti= esa vf/klwpuk ds izdk‘ku }kjk izR;k;kstu izofrZr gqvkA ¼iSjk 12

ORDER

1. Original plaintiff-petitioner Kamal Singh died during the pendency of this petition and hence the names of his legal representatives have been substituted as petitioners.

2. This petition, under Article 227 of the Constitution, is directed against the order dated 9.9.2005 passed in Miscellaneous Civil Appeal No. 17/200S by the District Judge, Chhatarpur, whereby he has dismissed the plaintiff's appeal confirming the order of rejecting the application for grant of temporary injunction as passed by the trial Court.

3. The case of plaintiff Kamal Singh in his suit before the trial Court is that the premises in question (land, house and well) belonged to the erstwhile Maharaja Bhawani Singh of Chhatarpur who, on being pleased with the services rendered by his parents, gifted the same to him by a gift deed dated 12.7.1946. According to Kamal Singh, on 1.3.1958 he joined the services of the State Forest Department and was posted at Chhatarpur on 24.11.1976 whereupon respondent No.6, without his request, allotted the premises to him and started deducting its rent from salary. Kamal Singh has also averred that he even filed an appeal on 25.8.1978 against the deduction of rent but to no avail and the respondents continued to deduct the rent upto 1.10.1999 though he retired from service on 30.11.1995. According to Kamal Singh, respondent No.5, the Sub-Divisional Officer served him with a show cause notice dated 5.12.1995 under the provisions of the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974 (in short, "the Act") in Revenue Case No.54-B /21/9900 to which he replied and sought documents. Thereafter, respondent No.5 by order dated 10.2.2000 held that the occupation of the premises by him was unauthorized and directed him to immediately vacate the same. In passing the eviction order respondent No.5 acted as competent authority under the Act. Aggrieved with the order, Kamal Singh filed the suit from which this petition arises .claiming the relief of permanent injunction and declaration that the order dated 10.2.2000 is void and without jurisdiction. He also filed an application for grant of temporary injunction.

4. The respondents have averred that the premises belongs to the State Government and is maintained by it. According to the respondents, Kamal Singh, after his posting at Chhatarpur in the year 1976, applied for the allotment of the premises on rent but as it was not vacant the same could not be allotted to him. Kamal Singh thereafter again applied for the allotment of the premises by filing applications dated 7.11.1977 and 29.6.1978 pursuant to which it was allotted to him by order dated 3.8.1978 and after allotment Kamal Singh, on his own, continued to deposit the rent upto September 1999. The respondents also took the plea that the suit of Kamal Singh was not maintainable and the order, having been passed by a competent authority, no injunction can be granted against it in view of the bar under section 10 of the Act.

5. The trial Court rejected the application of Kamal Singh for grant of temporary injunction against which he filed an appeal which too was dismissed by the impugned order. The trial Court as well as the appellate Court agreed with the finding of respondent No.5 that Kamal Singh was an unauthorized occupant of the premises as the same was allotted to him by the Forest Department on his request after he was posted at Chhatarpur. Both the Courts have also found the document of gift-deed relied upon by Kamal Singh as unreliable and held that no injunction can be granted against the order dated 10.2.2000 passed by respondent No.5 who was the competent authority under the Act.

6. The Act provides for the eviction of unauthorized occupants from public premises and section 10 excludes the jurisdiction of civil Courts with regard to every order made by a competent authority under the Act. It reads as under :

"10. Finality of orders. -- Save as otherwise expressly provided in this Act, every order m
























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