Writ Petition Allowed, Impugned Order Quashed: Madhya Pradesh High Court Upholds Farmers' Right to Land

07 May 2024 8:19 AM

By: Admin

In a landmark judgement that promises to have far-reaching implications, the Madhya Pradesh High Court has ruled in favor of agriculturists, quashing an earlier order that took away their land possession under the Urban Land (Ceiling and Regulation) Act of 1976.

Presiding over the case was Hon'ble Shri Justice Vijay Kumar Shukla, who delivered the verdict on the 3rd of October, 2023. The petitioners, Gulab Chand, Phool Chand, Sanjay, and Renu, had originally filed a writ petition challenging the legality of the paper possession proceedings undertaken by the Commissioner, Revenue Division District Ujjain.

Justice Shukla noted in his judgement, "In light of the above, the present petition is allowed. The order dated 11.09.2019 passed by the Single Bench is restored." This ruling is seen as a significant win for the rights of farmers and landowners in the state.

The legal battle had seen several twists and turns, with the case reaching even the Apex Court. The initial writ petition, which was allowed by a single bench, was set aside by a Division Bench on appeal by the State. However, the Apex Court later upheld the initial order, and a review petition filed by the State of MP was also dismissed.

"Petitioners are entitled to get the benefit of the Repeal Act, 1999 and are entitled to get their names mutated in the revenue records," Justice Shukla added. The ruling restores the status of the petitioners as rightful landowners and puts a decisive end to the legal tussle that had been going on for years.

In the case, the petitioners were represented by Advocate Vijay Kumar Asudani, while the State was represented by Panel Lawyer Kratik Mandloi.

Date of Decision: 03 OCTOBER, 2023

GULAB CHAND vs THE STATE OF MADHYA PRADESH