IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 988 of 2008 SMT. MOHANIYA (DEAD) AND OTHERS Versus THE STATE OF M.P. AND OTHERS -------------------------------------------------------------------------------------------------------------

Appearance:

Name of petitioner No.1-Smt. Mohaniya (Dead) was deleted from the array of the petition vide order dated 04.08.2025.

Shri Kailash Narayan Gupta - Senior Advocate with Ms.Suhani Dhariwal - Advocate for petitioners No.2 and 3 and legal heirs of the petitioner No.4 -

Ramcharan.

Shri Sohit Mishra - Government Advocate for respondents/State -------------------------------------------------------------------------------------------------

Reserved on : 17.11.2025 Pronounced on : 28.01.2026 -------------------------------------------------------------------------------------------------

ORDER

1. With the consent of the parties, the matter is finally heard.

2. The instant writ petition under Article 226 of the Constitution of India claims following reliefs:-

"(i). Quashing the whole of the proceedings if any initiated under the provisions of the Urban Land and Ceiling Act 1976 in case no. 467, 490, 491 and 492/83-84 sec. 6 (2) relating to land in dispute.

(ii) Restrain the respondents from interfering in possession of the petitioner and restrain them from taking possession of the land from the petitioners.

(iii) Declared that the whole of ceiling proceedings under urban land ceiling act stand abated because of the operation of the repeal act

1999.

(iv) Also declare that the state respondents have not taken possession in accordance with law and compensation also has not been paid.

Hence proceedings stand abated.

(v) Other suitable writ of order/direction he issued as this Hon'ble court may deem fit in the facts and circumstances of the case."

3. It is the case of the petitioners that initially, the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act of 1976") were instituted against the petitioners, and an order dated 10.04.1985 came to be passed the Competent Authority, whereby the land in respect of the petitioner Ramcharan and the other petitioners, as detailed in the order dated 10.04.1985 were declared surplus. An appeal was thereafter preferred by the petitioners against the order dated 10.04.1985 before the Divisional Commissioner, Gwalior, which was also rejected. A miscellaneous petition bearing M.P.No.658/1993 was filed before this Court by two of the petitioners, namely Laxman and Chhatrapal, wherein this Court, by placing reliance on the judgment of the Apex Court in the case of Atia Mohammadi Begum v. State of U.P., reported in 1993 (2) SCC 546, remanded the matter to the Competent Authority for determination of the vacant land afresh. Since no further proceedings pursuant to the order dated 08.09.1995 passed by this Court in M.P.No.658/1993 were undertaken, and since the Urban Land (Ceiling and Regulation) Act, 1999 repealing the Act of 1976 came to be notified with effect from 22.03.1999, the instant writ petition has been filed claiming the reliefs as stated above.

4. Learned senior counsel appearing for the petitioners submits that by virtue of order dated 08.09.1995 passed by this Court in M.P.No.658/1993, since the matter was remitted to the Competent Authority for determination of the vacant land afresh, the earlier entire proceedings conducted by the Competent Authority stood set aside and the proceedings afresh were required to be done. To buttress his submissions, he places reliance on the order dated 29.05.2006 (Annexure P/3) passed by the Divisional Commissioner, Gwalior Division, Gwalior and the order dated 19.06.2006 (Annexure P/4) passed by the Competent Authority, to contend that the authorities were well aware that the proceedings were required to be undertaken afresh pursuant to the order of remand but nothing further was done and the proceedings remained pending. Therefor