Writ Petition Under Article 226 of the Constitution of India

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

May it please this Hon'ble Court:-

The humble Petitioners most humbly and respectfully submit the memo of petition as under:-

(1) Particulars of the cause/order against which the Petition is made:

That the petitioner is aggrieved by the action of the respondents, thereby without obtaining the consent, inspite of the objection of the petitioner, the respondent Madhya Pradesh Madhya Kshetra Vidhut Vitran Co. Ltd. Bhopal (herein referred as M.P.K.V.V Co. Ltd.) through its respondent No.3 Executive Engineer with the help of its staff fixed five electric polls and also laid down Overhead lines (Electric line) for transmission of electrical energy Ltd. Bhopal order dated 30.9.1983 passed by respondent No.3/Additional District Collector and Competent Authority under Urban Land (Ceiling And Regulation) Act 1976, whereby the respondent No.3 declared the petitioners' land measuring area 38,920.00 squire meter which is part of land Survey No.12 area 1.265 hector, 77 area 0.920 hector, 94 area 0.407 hector, 96 area 0.711 hector, 248 area 0.481 and 249 area 0.231 hector Total Kita No.6 total area Total area 4.012 hectare situated at village Dinarpur, District Gwalior (MP).

The impugned order Dated 30.9.1983 and proceeding of Urban Ceiling of Case No.503/82-83/CA-I (Shri Vijay Singh, S/o shri Baldev Singh Vs. State of M.P.) are patently illegal contrary to the provisions contemplated under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred as said Act, 1976) because before starting of said proceeding under said Act, 1976 in urban ceiling case No.503/82-83/CA-I, the respondent No.3 had not issued the draft statement under rule 5(2) of section 8(3) of the said Act, 1976. The Petitioner's father Shri Vijay Singh has died in year 1989 and the service of the draft statement was not effected on the Vijay Singh, further the final order dated 25.11.1983 passed by the respondent No.3/Additional District Collector and Competent Authority district Gwalior (MP) is quiet illegal, without jurisdiction and ab-initio void. Copy of the draft statement, said order dated 30.09.1983 and final order dated 25.110.1983 are enclosed and marked as ANNEXURE P-1, P-2 and P-3.

The petitioners' father being a Karta of the Joint-Hindu-Family, after his death the petitioner's came in the continuous possession of the said land in question, hence in view of the provisions contemplated under section 4 of Urban Land (Ceiling and Regulation) Repealed Act 1999. The entire proceeding has already been abetted. The competent authority or any authorized person has not taken the possession of the land from the petitioners' father Shri Vijay Singh during his life time and after his death from the petitioners. The petitioners further also aggrieved by the action of respondent authority specifically Collector and Additional Collector and other subordinate authorities of the state government, those are trying to dispossess the petitioners by using the coercive process in illegal and unauthorized manner in violation of the provisions contemplated under said Urban Land (Ceiling and Regulation) Repealed Act, 1999 (hereinafter referred as said Repealed Act, 1999).

(2) The petitioners declare that no proceeding on the same subject matter has been previously instituted in any court, authority or tribunal.

(3) Details of remedies exhausted :

The petitioners declare that he has no any other alternative remedy is available to the petitioner except to file this petition.

(4) Delay, if any, in filing the petition and explanation therefore :

That there is no delay in filing the present petition because before servicing of the draft statement under section 8 and the father of the petitioner Shri Vijay Singh has expired/died, thereafter no notice to the petitioners was served before the final statement under said Act, 1976 and before declaring the vacant excess land of ceiling limit under section 10. Petitioners first time came to know about the adverse effect of draft statement and final order is respect of declaring them land in question as surplus land. The petitioner obtained the certified copy of the Panchsal Khasra of the village dated 25.08.2010 of year 1992-96 of the said land in question, thereafter the petitioner contacted counsel and get legal advice and applied for the certified copy on 20.08.2010 and certified copy prepared on 06.09.2010 and petitioner obtained certified copy of the said order dated 30.09.1983 and other document relating to the said land Urban Proceeding /Case, hence no delay in filing this petition.

(5) Brief facts of the case

Facts in short given rise to the Writ Petition are as under:-

5.1 That, the petitioners are the citizen of India and permanent resident of Village Chaar Shehar Ka Naka, Tehsil & Disrict Gwalior (MP), earlier the petitioners' father was owned and possessed the land survey No.12 area 1.265 hector, 77 area 0.920 hector, 94 area 0.407 hector, 96 area 0.711 hector, 248 area 0.481 and 249 area 0.231 hector Total Kita No.6 total area total area 4.012 hectare situated at village Dinarpur, District Gwalior (MP). and in the same village one house/building was constructed by petitioners' father during his life time and after the death of petitioners' father Shri Vijay Singh petitioner's being legal heir of said Late Vijay Singh, owned and possessed the land in question [total survey No.6 area 4.012 hectare]. Over the agriculture land survey No.77 temple of Hanuman Ji, Shiva Ji, Shri Panchayatan Murti and Mata Chabutra is situated and had been in continuous possession of petitioners from ancestors time and performing sewa-pooja in the capacity of the owner and Pujari.

5.2 That, the land in question is the ancestral and Joint Hindu Family property of the petitioners, petitioners' grand father Shri Baldeva was a Zamindar of the area said land in question situated at village Dinarpur, Tehsil and District Gwalior (M.P.) and he was in cultivation of the land in question and was Khudkhast of the land in question. It would be evident from the Khasra Copy samvat 1965 and samvat 1992. Copies of the Khasras are enclosed and marked as ANNEXURE P-4 & P-5.

5.3 That, Petitioners grand father