DILIP KUMAR PATEL Vs. COLLECTOR/ADDITIONAL COLLECTOR
LAWS(MPH)-2021-1-15
HIGH COURT OF MADHYA PRADESH
Decided on January 05,2021

Dilip Kumar Patel Appellant
VERSUS
Collector/Additional Collector Respondents

JUDGEMENT

Sanjay Dwivedi,J. - (1.) After perusal of order-sheet dated 19.11.2020 wherein it has been clarified that on the next date of hearing, the matter will be heard finally as pleadings are complete and the respondents have filed an application for vacating the interim order dated 30.01.2018, instead of deciding the application for vacation of stay order, it is appropriate to hear the case finally as parties agree to argue it finally. The matter is, therefore, heard finally.
(2.) The facts adumbrated in a nutshell, are that the petitioner entered into a loan agreement dated 16.07.1971 with one Shri Dudhnath. In lieu of the loan taken by the petitioner, property admeasuring 7.87 acres situated at Maharajpur, Teshil Jabalpur was kept as security. Despite making efforts to return the loan amount, the petitioner could not do so but it came to his knowledge that Shri Dudhnath has illegally sold the said property to one Smt. Kanso Bai on 23.05.1975.
(3.) The petitioner, thereafter, filed an application under Section 5 of M.P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinfter referred to as the 'Act 1976') on 24.01.1983. Copy of the said application is available on record as Annexure P/1.;


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