JABALPUR, India, Dec. 20 -- Madhya Pradesh High Court issued the following judgment/order on Nov. 20:

1. Instant intra court appeal is preferred by the appellants assailing the order dated 23.08.2011 passed in WP No.4119/1998, whereby the petition preferred by the respondent No.1 - Umesh Kumar Tiwari was allowed.

2 . The present appeal has been preferred after a delay of almost 11 years. IA No.9997/2022 is preferred for condonation of delay. On 10.08.2022, time was granted the appellants to file better affidavit which was filed later on.

3. Heard on IA No.9997/2022. It is submitted by the learned Deputy Advocate General that writ petition was preferred by respondent No.1 in respect of the subject land seeking quashment of the order of competent Urban Land Ceiling Authority, Jabalpur declaring survey No.21 of village purwa admeasuring 2.347 hectares as surplus land as also the allotment of the same land to the MP Housing Board. The writ petition was allowed by order dated 23.08.2011 on the ground that the possession of land was not taken by the State of MP and the proceedings were abated in view of Section 4 of the Repeal Act, 1999. During this period, the respondent No.2/ MP Housing Board preferred Writ Appeal No.1244/2011 challenging the order dated 23.08.2011 passed in WP No.4119/1998 which was dismissed by order dated 10.12.2018 by the coordinate Bench and the order passed by learned writ court was upheld. In the said writ appeal the appellants were also impleaded as respondents and learned Government Advocate appeared on behalf of the appellants.

4. After dismissal of the writ appeal preferred by the MP Housing Board, the order passed by the learned Single Judge in WP No.4119/1998 on 23.08.20011 was challenged by the appellants in Review Petition No.876/2019 which was dismissed by order dated 18.04.2022. Said order is also under challenge in the present appeal.

5. Learned Deputy Advocate General submits that the delay occurred due to following the procedure prevailing at that time for obtaining approval of the concerning department/Law and Legislative Affairs Department for filing the writ appeal and therefore the same could not be filed earlier. In the better affidavit, it is mentioned that between 23.08.2011 to 28.11.2013 several correspondence took place among the departments for preferring the appeal however, thereafter nothing was done till the dismissal of the writ appeal preferred by the MP Housing Board. Upon the legal opinion given by the office of Advocate General a review petition was filed which was dismissed on 18.04.2022. Thereafter the instant appeal has been filed.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2022/WA/899/WA_899_2022_FinalOrder_20-11-2025_digi.pdf)

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