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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, RAJENDRA KUMAR VANI
Ankit Grah Nirman Sahkari Sanstha Maryadit – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. initiation of review petition (Para 1) |
| 2. chronology of land ownership and surplus declaration (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. arguments on land possession and repeal effects (Para 14 , 18 , 19 , 20 , 21) |
| 4. review jurisdiction principles and limits (Para 24 , 26 , 28 , 30 , 31) |
| 5. final decision on review petition (Para 36 , 37 , 38) |
ORDER :
1. The present review petition under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 is preferred by the petitioner in respect of judgment dated 09-08-2019 passed in Writ Appeal No.447 of 2016 ( The State of Madhya Pradesh Vs. Ankit Grah Niram Sahkari Sanstha ) whereby the writ appeal preferred by the State of Madhya Pradesh is allowed and the order dated 28-06-2013 passed in Writ Petition No.2972 of 2008 has been set aside. Said Writ Petition No.2972 of 2008 was dismissed with costs. Therefore, this review petition is preferred seeking review of the judgment dated 09-08-2019 passed by learned Division Bench.
2. Precisely stated facts of the case are that one Gulab Chand Sharma S/o Baldev resident of Ohadpur, Gwalior filed a statement under sub- section (1) of Section 6 of Urban Land (Ceiling and Regu
Land declared surplus under the Urban Land (Ceiling and Regulation) Act vests in the State, rendering any subsequent transfers void, and the principle of 'fraud vitiates all' applies to claims made a....
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 ruled that the State must provide evidence of actual possession for land recorded as surplus; mere vesting does not confer ownership rights post-repeal without taking possession.
(1) Existence of an alternative remedy is not an absolute bar on exercise of writ jurisdiction.(2) Factum of possession is essentially a question of fact – Although there is no hard and fast rule tha....
The main legal point established in the judgment is the importance of proving possession for the purposes of the Repeal Act and the statutory bar on transfer created by the Urban Land (Ceiling and Re....
The main legal point established in the judgment is that the possession of the land, as per the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the Repeal Act, 1999, had been lega....
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