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Documents citing The State Of Madhya Pradesh vs Smt. Anees Fatima on 4 January, 2018

Shri Shankerji Maharaj Trust Jabalpur vs The State Of Madhya Pradesh on 27 April, 2021

27. The Division Bench of this Court in case of State of Madhya Pradesh Vs. Anees Fatima (Writ Appeal No.1055/2017) has laid down the same law which was further affirmed by the Apex Court by order dated 10.12.2018 passed in Diary No.42231/2018, whereby it has been held that in absence of proper notice of Sections 10(5) and 10(6) of the Act, 1976 if any possession of the land is shown to have been taken, the said possession is held illegal and in such a circumstance, Sections 3 and 4 of the Repeal Act would be applicable and proceedings initiated under the Act, 1976 declaring the land surplus, shall be declared abated.
Madhya Pradesh High Court Cites 32 - Cited by 0 - S Dwivedi - Full Document

The State Of Madhya Pradesh vs Shri Shankerji Maharaj Trust Jabalpur on 3 May, 2024

This Court has also taken note of the law laid down by the Division Bench in the case of State of Madhya Pradesh v. Anees Fatima rendered in W.A.No.1055/2017 and found that this is a case in which though on paper, possession has been shown to have been taken but not by following procedure prescribed under the law and as such the Supreme Court in the case of Hariram (supra) laid down that such proceeding is illegal and in view of the provisions of the Repeal Act, the same can be declared abated and as such this court allowed the writ petition. Ergo, the Collector shall examine this aspect in the light of law laid down by this Court relying upon various decisions of the Supreme Court and also Division Bench of this Court and then give effect to the order passed by this Court within a period of 30 days from today.
Madhya Pradesh High Court Cites 12 - Cited by 0 - S Dwivedi - Full Document
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