Division 5eqtL, (Cw? m THE Ema COURT OE warm mDESH AT JABALmig; } Miac. Fgtition Ncilwé/mgn z-1. amunaru Ram son of shri Antwayh agedr‘about 45 years. 2. Manijar Ram sen of sshri Anturam‘ aged abciut 57\years. 5. Badeneni wife of Shri Daém aged. about7o years). 4. Banshdbari son gm shri E’eéhui-am agea ab‘ou’a 35 yeam. 5. Bhdwal sch 0f Emma-am, aged about 45 years. 6. Ramdhani scn of $hri Dalm'a aged.about'45 yearsrs‘. ' / 7.. Bhadar aon o£ Lar'tm‘, ageé. about 6Q yearg. 8. Bhogli Manta Raj’war’, agedr about 60 years ’ 9. Ahandi ram. , aged. abcu‘t » 50 years. ‘ All caste—Rajwar, Agricultm’iat,’ resident oft Bansipur, Eatwax‘i Halka No. '17, Tahsilui’ratamm‘r, District: Sargu3a may.) , £E‘E ITI ONERS /’A\v \I 2’ / gwn Na. z . m: ‘lrél’gi a: Versus a z- 1. State 6f Madhya Pradesh \ . Vallabh tmough$ecretarmRevanue Bhavan, Bhopal. Dep’w:tment,~_ r 2. mhe gallector, ‘ , Sax-guy. (Ambikapw) , (ELK) ‘. RESPONDENE S , ‘ PEHTICN {mm ARTIcLEs. 226L222 03 mm ‘Comsatémmcm OF gNDm. W " g llur m f ¥ g z %\ w v XI»HC-78 WW WEVW bbf L§3§ a”. W WW; 111200 anéalW (gaiaa) . g XIAHC~78 WWWW Lu? b \ afja , mzoo 3mm)? féim am mswtn'm ' mmw ma mmmfrwm $Wmw acquired bhoomiswami right they have a right of msfe conditions mentioned in Sec Revenue Code. It is also co Code does not confer any. au. such an order and the matt 165 of the M.P./C.G. Land l contended that the Oollecto: It is also co was med before the High O year 1991 the impugned ordl P/ 1) was stayed by the Court 4. The State has med the State is that it was in pr petitioners] lease holders is a :quired for the colliery area then the persons whose land is acquired for the said purpose, in ven at least to one person npm this rumor the land oWners and _ \ the family. On the basis of under Section 158 and as such r subject to the provisions and hon 165 of the MP/CG Land ntended that the Land Revenue thority on the Collector to pass er is not covered under Section levenue Code. Learned counsel r has issued the order without ntended that when the petition )int of Madhya Pradesh in the :‘r dated 27- 10— 1990 (Annexure- vide order dated 16—8- 1991. return. The stand taken by the actice that if the land of the any authority. W §m$ msrwsmm) the colliery service will be gi \\ Xl-HC~78 L3? $§3$ q1\ ~ Wmqim mzoo www.cim) axrawm 1am; w». inmam ‘ V mmm 311%21 / mwm'ffwm » aawmsl \ \ the persons who were interest 3d to get the employment in the colliery organization tried to purchase the land npm the land holders with an object to get 1 the land by the collieries auth check such ectitious transfers the collieries the Rehabilitatim Madhya Pradesh issued a 25th September, 1991 (AnneXI has been statedrthat only the get the service in the coal mil: acquired in the collieries area. 5. Smt. Kochar, learned contended that the petitioners and the land was received no m their fore fathers. It is also contended that the pen'tionem have a right to deal with the property in any manner subj act to the conditions specined under Section 165 of the Land Revenue Code. It is also \ contended that the right cann 3t be curtailed by an executive :mployment after: acquisition of arity. It is further stated that to with an object to get service in 1 Department of Government of circular No.5—8-90/28 dated lre-R/ 1). in thesaid circular it se persons shall be entitled to .es whose entire land has been appearing for the petitioners are having Bhoomiswami right Xi—HC-78 w€ 2&3 >7 a; W mw \ m 200 mam-imam) , anéiarzmféin'm mmmma gr\q_ WW%%W #:m armTWm? &7 3% arréet A é? order and that too 6n the rumors. The employment policy -may be made one way or the other in éccordance with law. Viewed and tested on the touchstone Of settled principles of law, the order is illegal and contrary to law. The order of the Collector is not at all sustainable. Acconiingly, the petiu'on is allowed with costs and the impugned order dated 27— 10—1990 (Annexure-P] 1) is quashed. 7. Counsel fee as per scale, if certined. 8. The security, if any, deposited by the petitioners be \ refunded as per rules. Certined copy as per rules. I Sdl- Fakhl‘uddlg 2‘ r1 Judge‘ \ \ Kb \\‘ A