IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE SANDEEP N. BHATT W.P.NO.14698 OF 2010 (NARENDRA KUMAR DUBEY (DEAD) THROUGH LEGAL REPRESENTATIVE SMT. PUSHPA DUBEY AND OTHERS VERSUS THE STATE OF MADHYA PRDESH AND OTHERS ----------------------------------------------------------------------------------------

Appearance:

Shri Siddharth Sharma - Advocate for the petitioner.

Shri Kamal Singh Baghel, G.A for respondent.

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RESERVED ON : 15.01.2026 PRONOUNCED ON : 21.01.2026 -------------------------------------------------------------------------------------

ORDER

Present petition is filed seeking following reliefs :-

(i) It may kindly be held and directed that on account of death of the original holder late Smt, Laxmi Bai and without any order of substitution of her legal representatives all the actions, proceedings and orders passed in Case No. 158/a-90(B-9)/ 79-80 Smt. Laxmi Bai wife of Shri Jamuna Prasad and all the orders passed in. Consequent proceedings are void, nullity and without jurisdiction.

(ii) | It may kindly be directed that under the facts and circumstances and grounds stated above the entire proceedings relating to the said ceiling case and the cases pending before the respondents No.3 stood abated in view of the provisions of Sections 3 and 4 of the Urban Land (Ceiling and Regulations) Repeal Act,1999.

(iii) That since the possession out of kh.Nos.189/1,199/3 and 228/2 total area 1.557 hects situated at village-Purva, Settbenent No.162, P.C, No. 28, Tahsil and listrict Jabalpur has not been taken by the respondent and the petitioners are in actual physical cultivating possession of the same, hence a writ in the nature of Prohibition prohibiting the respondents from dispossessing the petitioners or interfere with their peaceful possession may kindly be issued.

(iv) A writ in the nature of Prohibition may also kindly be issued against the respondents either to make plotting of the said land or to allot the same.

(v) The respondents may also Kindly be directed to correct the Revenue Records, the name of the State (Najul) from the Revenue Records be deleted and the names of the petitioners be recorded in all the Revenue Records.

(vi) Costs may Kindly be awarded.

(vii) Any other writ /direction/relief/order may also kindly be issued/awarded/passed as may be found fit and proper under the facts and circumstances of the Case.

2. It is contended that petitioners are in actual peaceful possession cultivating the land in question and, therefore, the proceedings initiated pursuant to Urban Land & Ceiling Act by the respondent/

authority which in view of section 4 has been repealed under the Repealed Act. It is contended that appropriate directions may be issued as per prayer clause.

3. The main contention of the counsel for the petitioners is that the original owner Laxmi Bai died in the year 1994. Prior to that Laxmi Bai challenged the notice under section 10(5) of the Act by filing an appeal under section 33 of the Act of 1976 before the Court of Commissioner. It is also contended that on 28.09.1999, the Court of Commissioner dismissed the appeal. The land in question has been peaceful possession of the original land owner and the petitioners, the house of the petitioners is constructed and they have been paying property tax to the Municipal Corporation. It is further submitted that the State of Madhya Pradesh has notified the Repeal Act on 17.02.2000 which provides for abatement of all the pending proceedings under the Principal Act of 1976. In the year 2005, the competent authority rejected the application under section 4 which was challenged by filing W.P.No.3757/2005. The Hon’ble High Court remanded back the matter to the authority to decide the case in accordance with the parameters enshrined under section 10 of the Act of 1976. The competent authority has passed the order on 26.05.2010 in complete ignorance of the direction