JUDGEMENT
R.SUBHASH REDDY,J. -
(1.)This Civil Appeal is preferred by the appellant - State of Madhya Pradesh, aggrieved by
the judgment and order dated 08.11.2006 passed in
Second Appeal No.129 of 2006. By the aforesaid
order, the High Court has dismissed the Second
Appeal, preferred by the appellant herein
confirming the judgment and decree passed by the
learned IV Additional District Judge, Bhopal, in
Civil Appeal No.37-A/2005 dated 23.07.2005 and the
judgment and decree dated 24.12.2004 passed by the
learned XIIth Civil Judge, Class - II, Bhopal, in
Civil Suit No.138-A/2004.
(2.)Necessary facts, in brief, are as under:
(3.)The agricultural land bearing Survey Nos.171 to 184, 214, 217 and 284 admeasuring 17.18 acres
situated at Village Bag Sevania, Tehsil Huzur,
District Bhopal, was recorded in the name of Late
Padam Singh as a Bhoomi Swami. In the aforesaid
land, late Padam Singh was having 1/4th share. As
the said land was covered by the Urban Land
(Ceiling and Regulation) Act, 1976 (for
convenience sake, hereinafter referred to as 'ULC
Act '), late Padam Singh has filed declaration as
contemplated under the provisions of the ULC Act.
The competent authority has determined an extent
of 16000.32 square meters of land as vacant land
and the same was declared surplus. Consequent to
passing of final orders by the competent
authority, a notification under Section 10(1) of
the ULC Act was issued on 16.09.1983 and the
notification as contemplated under Section 10(3)
of the ULC Act was published in the Madhya Pradesh
Gazette, Part - III dated 20.01.1984.
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