ORDER

The matter was finally heard on 03.04.2024 and today the order is being pronounced.

2. By the instant petition filed under Article 226 of the Constitution of India, the petitioners are questioning the validity of the order dated 28.12.2021 (Annexure-P/22) passed by respondent No.2.

3. As per the petitioners, the lands of Fazul-ur-Rahman situated at Villages - Laukhedi, Chandanpura, Chunabhatti and Singhpur, Tahsil Huzur, District Bhopal were the subject matter of a case initiated by the competent authority under the provisions of M.P. Ceiling on Agricultural Holdings Act, 1960 (for brevity “Act, 1960”). The case was registered vide Case No.67/A-9/B-3/75-76 (State v. Fazal-ur- Rahman) for declaring the land ‘surplus’ under the provisions of the Act, 1960.

4. For delving deep into the controversy, it is expedient to muster the necessary facts. Suffice is to say that the petitioners claim that the land in question does not come within the ambit of the provisions Act, 1960. Further, confronting the claim of respondents that the land in question has already been vested in the State, it is claimed by the petitioners that the said notion be turned down and it may be directed that the land be recorded in the name of the petitioners in the revenue record.

4.1 Late Fazal-ur-Rahman Qureshi was the owner of the certain properties situated in Villages - Laukhedi, Chandanpura, Chunabhatti and Singhpur in Tahsil Huzur, District Bhopal. Essentially, the description of the lands and detailed area is mentioned in paragraph 5.1 of the writ petition.

4.2 Late Fazal-ur-Rahman Qureshi died intestate on 08.05.1999 at Bhopal leaving behind his legal heirs i.e. the petitioners. The proceeding was initiated under the provisions of Act, 1960 in respect of the land belonging to Late Fazal-ur-Rahman Qureshi and to declare the land ‘surplus’. Numerous objections were raised, which travelled upto the Board of Revenue and the Board of Revenue vide order dated 06.12.2020 and 21.01.2013 directed the authorities to trigger the proceeding de novo under the provisions of Act, 1960. Notably, after passing of the order by the Board of Revenue, no proceeding was ever initiated by the authorities.

4.3 The petitioners raised an objection before the competent authority with regard to the applicability of the provisions of Act, 1960 inasmuch as vide notification dated 08.12.1976, the State Government has brought certain area of nearby villages of Bhopal City into the municipal limits wherein the lands of Late Fazal-ur-Rahman Qureshi situated in aforesaid four villages were also included.

Indeed, the petitioners’ objection ever remained unaddressed.

4.4 As per the petitioner, a combined reading of the definition of ‘Urban agglomeration’ and ‘Urban Land’ provided under the Urban Land (Ceiling and Regulation) Act, 1976 (in short “Act, 1976”), it is evident that the land of the petitioners are since situated within the limits of Bhopal Municipal Corporation, therefore, are hit by the definitions of ‘Urban agglomeration’ and ‘Urban Land’ and thus the lands in question are covered with the provisions of Act, 1976 and it is the only Act, which is applicable over the lands in question.

4.5 The petitioners approached the High Court by filing a writ petition i.e. W.P.No.5271/2021, which was disposed of vide order dated 08.03.2021 directing the Additional Commissioner, Bhopal to decide the petitioners’ objections and also ensure applicability of the provisions of Act, 1960 by passing a reasoned order.

4.6 Albeit, applying the provisions of the Act, 1960, the competent authority registered a case against Late Fazal-ur-Rahman vide Case No.67/A-9/B-3/75-76 for imposition of Ceiling on Agriculture Holding so as to declare his land ‘surplus’.

4.7 Notice under Section 9 of the Act, 1960 was issued on 26.11.1976. A reply was made together with affidavit wherein Fazal-ur-Rahman has specifically stated about the lands owned by him as also about the persons