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

HON'BLE SHRI JUSTICE PRADEEP MITTAL

th

ON THE 12 OF JANUARY, 2026 WRIT APPEAL No. 485 of 2024 THE STATE OF MADHYA PRADESH AND OTHERS Versus DEEPAK JAIN AND OTHERS Appearance:

Shri Ritwik Parashar- Government Advocate for the appellant/State.

Shri Narinder Pal Singh Ruprah - Senior Advocate -with Shri Akash Telang and Ms. Prashansa Baluapuri- Advocates for the respondent.

ORDER Per: Justice Vivek Rusia The State of Madhya Pradesh & others have filed this present writ appeal challenging the order dated 24.11.2023 (Annexure A-1), whereby the Writ Petition No. 2148/2013 filed by the respondent/writ petitioner has been allowed by setting aside the order passed by the Collector, Commissioner and Board of Revenue and the High Court has remanded back the matter to the Principal Secretary to decide the issue of renewal of lease within 180 days vide modified order dated 17.03.2025 passed in Review Petition No.

3/2024, which is also under challenge under this writ appeal.

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

(a) That on 26.03.1912 (Annexure P-4), the government land described as Plot No.24, Sheet No.59, Area 855575 sq. feet (1.96 acre), Civil Lines, Hoshangabad ( herein after referred as "the land in question" was given by way of grant to Shri Tukaram Ingle for a period of 30 years; renewal at interval of 30 years; for construction and development of European Officers Club in Hoshangabad. The name of the leasee, Tukaram Ingle, was entered in the revenue record, and the period of grant was extended time to time. Shri Tukaram Ingle died on 10.03.1948, leaving behind his successors Sharad Kumar, Vijay Kumar, sons of Narayan Tukaram Ingle. Their names were mutated in the revenue record.

(b) In 1964-65 name of Smt. Kamlini @ Nalini, wife of Prabhakar Keshav Tare, was entered in the revenue record on the basis of a Will dated 23.02.1967 and an order dated 16.08.1968 passed in Revenue Case No. 29- A/6/1966-67. Vide order dated 23.12.1971 (Annexure P-24), the lease rent of Rs.37.50 per annum was fixed by the revenue officer. The period of the grant/lease had expired on 31.03.1995 as per the entry in the maintenance khasra of the year 1973-74. Even in 1985-86, the name of Smt. Kamlini @ Nalini was showing leasee upto 31.03.1995. According to the writ petitioner, a proposal to acquire the said land under the Land Acquisition Act was proposed by the Government on 31.03.1989, treating Smt. Kamlini Tara as Bhoomi Swami.

(c) Smt. Kamlini Tare filed a civil suit no.3A/1992 seeking eviction from the said property in question. Vide judgment and decree dated 22.11.1993 (Annexure P-33), the suit was decreed by declaring Smt. Kamlini Tare to be the owner of the suit property and defendants to hand over the vacant possession. The defendants were ex-parte in the civil suit. The Nazul Officer, Hoshangabad, passed an order in Revenue Case No. 59-A-39/1993- 94 against Sharad Kumar and Vijay Kumar, recording the State Government as the owner of the land on 05.12.1994 (Annexure P-29).

(d) The application was filed for renewal of the lease on 04.03.1995. A show cause notice was issued under section 182 of MPLRC and Clause 35 of the Revenue Book Circular to Smt. Kamlini Tare for cancellation of the lease for violating the conditions of the lease. A reply was filed on 21.05.1996. Vide order dated 17.06.1996 (Annexure P-44), the Collector declared the land to be Nazul land. Smt. Kamlini Tare filed an appeal on 12.09.1996 against the order dated 17.06.1996, and during the pendency of the appeal, she died on 02.05.1997. The Nazul Officer directed the taking possession of the land on 14.12.2001. Meanwhile, the Narmada Club preferred an application under Order 9 Rule 13 for setting aside the ex parte order dated 22.11.1993. The said application was rejected vide order dated 17.12.1998. Against which the M.A No. 445/1999 was filed before the High Court, which came to be dismissed o