Smt. Meena Devi Rathor vs The State Of Madhya Pradesh
2021 Latest Caselaw 5073 MP

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            HIGH COURT OF MADHYA PRADESH
                                                   W.P. 15138/2021

   (Smt. Meena Devi Rathor Vs. State of M.P. & Ors.)
Gwalior dated 06.09.2021
      None for the petitioner.
      Shri Rohit Mishra, learned Additional Advocate
General for the respondents/State.

Shri Dharmendra Dwivedi, Advocate for respondent No. 5.

Heard on the question of admission and interim relief.

It is submitted that identical issue has already been considered and decided by the coordinate bench vide order dated 18.08.2021 wherein the bunch of petitions have been decided. The issue is squarely covered by the judgment passed in W.P.No.7126/2021 in analogous hearing with other petitions. In such circumstances, the judgment is squarely applicable in the present facts and circumstances of the case. Both the petitions are hereby dismissed with the following observations:-

"44. Considered the submissions made by the Counsel for the petitioners. So far as the findings given by the Collector, Guna in the impugned order is concerned, they are preliminary findings for the purposes of prosecution of the petitioners. The said findings will not have any binding effect on the Court, nor they will influence the Court in any manner. The petitioner(s) shall be well within their right to plead and prove before the Court of competent jurisdiction that they had developed the Colony after obtaining due permission under the Rules, 1998 after following all mandatory requirements as provided under Rules, 1998. The Petitioner(s)

HIGH COURT OF MADHYA PRADESH W.P. 15138/2021

shall also place the details of all the sale deeds or agreement(s) to sell entered into with the persons who were intending to or have settled down on the plots/houses/flats. The Municipal Council may also produce the record of the Registrar/Sub-Registrar to prove the sale transactions or agreements to sell. The Court shall decide the case on the basis of the evidence which would come on record, without getting influenced or prejudiced by any of the preliminary findings recorded by Collector, Guna/Administrator.

45. The Counsel for some of the petitioners have submitted that an order of assessment has already been issued. 46. Accordingly, it is directed that in case the order of assessment has been issued without giving any opportunity of hearing to the petitioner(s), then those assessment order(s) shall not be given effect to, and the respondents shall pass fresh assessment orders after giving full opportunity to the Colonizer, as well as the purchasers. If the assessment orders have been passed after giving due opportunity of hearing or even in those cases, where the colonizers did not avail the opportunity of hearing inspite of service of notice, then those petitioners shall have a right to challenge the assessment order before the competent forum".

In such circumstances, the present petition is accordingly dismissed in terms of the aforesaid observations.

(S.A. Dharmadhikari) Judge

Durgekar* Digitally signed by SANJAY N

SANJAY N DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

DURGEKA MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=148d33096a059f4adb584e1

R b0b1d3a3616b3e020c6aff92108afad 476190e841, cn=SANJAY N DURGEKAR Date: 2021.09.07 10:16:51 +05'30'