W.P.No. 11427 / 2010
(Sharad Chandra ..v. ..S.D.O., Piparia & another)
23-08-2010
Heard Shri A.D.Deoras, learned senior counsel with Shri
R.K.Jaiswal, for the petitioner on the question of admission and interim
relief.
It is submitted by the learned senior counsel appearing for the
petitioner that in spite of the fact that the transfer of the petitioner's land
in favour of his sister was held to be void and with a purpose and object
of defeating the provisions of M.P. Ceiling on Agriculture Holdings Act,
1960 by order dated 22-1-1976, the petitioner's sisters sold the land to
respondent No. 2 who is now proposing to sell the land to some third
party. It is submitted that the petitioner has filed an application on
11-1-2010 before the respondent No. 1, S.D.O., Piparia, District
Hoshangabad bringing to his notice the correct factual position as well
as the provisions of law but the S.D.O. is not taking any decision
thereon. In such circumstances, a limited prayer is made by the learned
counsel for the petitioner that the respondent No. 1 be directed to
consider and decide the petitioner’s application.
In the circumstances, in view of the limited prayer made by the
learned counsel for the petitioner, without entering into the merits of the
case the petition filed by the petitioner is disposed of with a direction to
the respondent No. 1, S.D.O., Piparia, District Hoshangabad, to
consider and decide petitioner’s application dated 11-1-2010 after
giving due opportunity of hearing to all concerned in accordance with
law expeditiously on furnishing a copy of the order passed by this Court
today by the petitioner before him.
With the aforesaid directions the petition filed by the petitioner
stands disposed of.
C.C. as per rules.
( R.S.Jha )
mct Judge