The appellants herein, being such zamindars and taking advantage of the aforesaid circular were allotted 4 Bighas and 15 Biswas of land in Survey No.48/1 and 14 Biswas of land in Survey No.441 making a total area of 5 Bighas and 9 Biswas vide order dated 13th August 1960.
As per the case of the appellants the Collector of the District in exercise of his suo moto powers set aside the allotment of the suit land except for one Biswas in Survey No.441 vide order dated 20th August 1974.
This order was challenged by the appellants before the Commissioner of the Division and having failed, filed a civil suit in the Court of the Civil Judge, Class II impugning the order of the Collector and the Commissioner.
The Civil Court after framing issues relating to the case decreed the suit vide judgment dated 7th January 1981.
This judgment and decree was challenged in first appeal by the State Government before the Additional District Judge, Shajapur which too was, dismissed on 7th May 1993.
A second appeal was taken by the State of M.P. before the High Court on the following substantial question of law Whether on the facts and in the circumstances of the case, the companyrt below has erred in granting the relief to the plaintiffs on the basis of the executive instructions of the Government?
HARJIT SINGH BEDI,J. The facts of the case are as under On 31st October, 1956 the Government of the erstwhile State of Madhya Pradesh issued circular No.3609 dated 31st October 1956 providing for allotment of beed land by way of companypensation to the former Zamindars and which was already in their cultivating possession, but had companye to be vested in the State Government under the Madhya Bharat Zamindari Abolition Act, 1951.
