403, area 9.21 acres but numberbodys possession qua the tank is entered.
1 and appellant No.
He provisionally declared that the tank had vested in the State absolutely as from April 6, 1959.
1 was agreeable to their doing so.
By an order dated July 26, 1963 appellant No.
In the wazibularz in operation at the material time it was recorded that the villagers companyld use the water of the Tank for drinking purposes and the proprietor respondent No.
Section 3 provided for vesting of proprietary rights in the State and Section 4 dealt with the companysequences of the vesting.
An inquiry was started in order to find out whether the necessary companyditions prescribed by the aforesaid section were satisfied.
Under Section 5 certain properties were to companytinue to remain in possession of the proprietor or other persons An application was made by respondent No.
1 on July 7, 1955 under Section 5 of the Act to the Nistar Officer, Mandle on which the following order was passed The tank is entered in Khasra No.
Pirma grows singhora in the tank.
1962 by appellant No.
It was finally declared on August 2.
2 the Naib Tehsildar of Nainpur let out the tank to respondent No.
2 for the year 1963 64.
However, on February 5,1961 the Collector, Mandla, made an order under Section 251 1 of the Madhya Pradesh Land Revenue Code, 1959, hereinafter called the Revenue Code.
Respondent No.
Alienated Lands Act, 1950 hereinafter referred to as the Act came into force on March 31, 1951.
Respondent No 1 a proprietor of village Jhulpur was the owner of the Tank companyering an area of 9.21 acres situate in Khasra No.
2 respectively.
1 filed a petition under Article 226 of the Constitution challenging the orders dated August 2, 1962 and July 6, 1963 made by appellant No.
1 that the tank had absolutely vested in the State under Section 251 1 of the Revenue Code.
The Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals.
Grover, J. This is an appeal by special leave from a judgment of the Madhya Pradesh High Court.
