High CourtsSingle Bench(2022) 12 MP CK 0124

Hari Shankar Sharma vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 21 December 2022

HON’BLE JUDGES
Sushrut Arvind Dharmadhikari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 29539 Of 2022

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Judgment

10 paragraphs · 272 words

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission and on interim relief.

The petitioner has challenged the impugned order dated 21.10.2022 (Annexure P/17) passed by the respondent No.5 whereby the sanctioned map of the Colony has been temporarily revoked till the final decision is taken.

The submission of the learned Senior counsel for the petitioner is that till the application under Section 29(3) of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for short "the Act") is pending such an interim impugned order could not have been passed according to Rule 25 of the M.P. Bhumi Vikas Rules, 2012 which provides for suspension and revocation only. In the present case, sanctioned layout map has been revoked which could not have been done.

Learned counsel for all the respondents vehemently opposed the prayer and submitted that the petitioner does not deserve any interim order. The petitioner is trying to sell all the lands, therefore, no interim order may be passed.

Heard learned counsel for the parties and perused the record.

This petition is finally disposed of with the direction to the respondent No.5 to decide the pending application under Section 29 (3) of the Act as expeditiously as possible, preferably, within a period of two months from the date of receipt of the certified copy of the order.

In the meanwhile, the impugned order dated 21.10.2022 may not be given effect to. Till then, petitioner is also directed not to further alienate land in question.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid, the instant petition stands disposed of.