Gau Sewa Sangh A Registered Public ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 5059 MP

                                   1                                  WA-773-2021
        The High Court Of Madhya Pradesh
                    WA-773-2021
   (GAU SEWA SANGH A REGISTERED PUBLIC TRUST BEARING NO.48 SAGAR Vs THE STATE OF
                           MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 06-09-2021
       Heard through Video Conferencing.

       Shri Atul Anand Awasthy, learned counsel for the appellant.
       Shri B.D.Singh, learned Government Advocate for the respondent

nos.1 to 3.

Shri Ashutosh Tiwari, learned counsel for the respondent no.4.

This appeal is directed against the judgment of the learned Single Judge dated 14.07.2021. The learned Single Judge while disposing of the writ petition filed by the appellant, has required the Nazul Officer, Sagar to consider the objection of the petitioner with regard to the land in dispute allotted in favour of respondent no.4.

Learned counsel for the appellant submitted that the order Annexure- P/6 dated 05.02.2021 virtually tentamounts to allotment of the land in favour of the respondent no.4 as this letter is addressed to the Commissioner, Municipal Corporation, Sagar calling upon them to submit their objection, if

any. Failing which, it shall be assumed that they do not have any objection to the allotment in question and the matter shall be processed accordingly.

In our considered opinion, the order Annexure-P/6 dated 05.02.2021 cannot be considered as a letter of allotment. It is only a proposal for allotment calling upon the Commissioner, Municipal Corporation, Sagar to give his objection, if any, to the proposed allotment. Now, when the learned Single Judge, by the impugned order has required the Nazul Officer to also consider the objection submitted by the petitioner, he in any case, cannot make the allotment final, unless he examines the objection filed by the petitioner.

We, therefore, while disposing of the writ appeal, direct the Nazul Officer, Sagar to consider the objection of the petitioner as well as those of 2 WA-773-2021 the Municipal Corporation, Sagar, if any, and pass an order of allotment only after affording opportunity of hearing to them in accordance with law by passing a speaking order.

Accordingly, the appeal is disposed of.

                                            (MOHAMMAD RAFIQ)                           (VIJAY KUMAR SHUKLA)
                                             CHIEF JUSTICE                                        JUDGE


                                      anu




Signature Not Verified
  SAN




Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2021.09.07 12:29:15 IST