IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

nd

ON THE 2 OF FEBRUARY, 2026 WRIT PETITION No. 15337 of 2008 SHEIKH MAJEED Versus UNION OF INDIA AND OTHERS Appearance:

Shri Sanjay Agrawal - Senior Advocate with Ms Neerja Agrawal -

Advocate for petitioner.

Shri Piyush Jain - Government Advocate for respondent/State.

ORDER Per: Justice Pradeep Mittal The petitioner has filed the present writ petition under Article 226 of the Constitution of India challenging the order dated 14.07.2008 passed by the Commissioner, Sagar Division, Sagar, whereby the order dated 11.06.1999 passed under the provisions of the M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974, directing eviction of the petitioner from the disputed premises, has been affirmed.

The facts of the case in short are as under:-

2. One Sheikh Jumman was employed as a Driver by the then Maharaja of Chhatarpur. During his service, he was provided residential accommodation bearing House No. 334, situated at Mahal Road, Chhatarpur (earlier recorded as House No. 66), by the then Maharaja of Chhatarpur. Subsequently, the said house was donated to Sheikh Jumman by the Maharaja. Sheikh Jumman retired from service around the year 1918 and continued to occupy the said house in his own right during his lifetime. After his death, the house remained in occupation of his wife, Musammat Habiban. The Ex-Maharaja of Chhatarpur, Shri Bhawani Singh, issued a certificate dated 22.06.1987 (Annexure P/1) certifying that Sheikh Jumman remained in occupation of the house till his death and thereafter it continued to remain in possession of his wife, Musammat Habiban.

3. After the death of Sheikh Jumman, he was succeeded by his widow, Musammat Habiban. She executed a Will dated 19.04.1980 (Annexure P/3) bequeathing the said house in favour of one Daulat. Thereafter, Daulat, son of Karim Khan, executed a Will dated 07.02.1991 (Annexure P/4) in respect of the said house in favour of the present petitioner. The ownership and possession of Daulat were also duly recognized by the Ex-Maharaja of Chhatarpur vide certificate dated

19.04.1990 (Annexure P/5).

4. The petitioner thereafter received a notice dated 06.08.1999 issued by the Additional Tehsildar (Nazul), Tehsil Chhatarpur, informing that pursuant to the order passed by the Competent Authority, i.e., the Sub- Divisional Officer, in Case No. 34/B/121/94-95 dated 11.06.1999 (Annexure P/6), the petitioner was directed to vacate the said house within a period of

24 hours.

5. Aggrieved by the said order, the petitioner preferred an appeal (Annexure P/7) before the Collector along with an application for condonation of delay. However, the Collector rejected the appeal on the ground of limitation. It is submitted that the Collector had no jurisdiction to entertain the appeal, as the appellate jurisdiction under Section 9 of the M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974 vests with the Commissioner of the Division. Thereafter, the petitioner filed Writ Petition No. 5155/2000 before this Hon’ble Court. Vide order dated 23.11.2006, this Hon’ble Court was pleased to direct the respondent No. 4, Commissioner, Sagar Division, Sagar, to decide the appeal on merits. In compliance thereof, the Commissioner, Sagar Division, Sagar decided the appeal against the petitioner vide order dated 14.07.2008 (Annexure P/8). Hence, the present writ petition has been filed.

6. Learned counsel for the petitioner submits that the house in question is a private property and is in settled possession of the petitioner, therefore, the provisions of the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974 are wholly inapplicable to the facts and circumstances of the present case. It is contended that the house has been in continuous, peaceful and uninterrupted possession of the petitioner and his predecessors for more than 100 years, spanning over six generations, as absolute owners, without any interference from the State