Ramcharan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5116 MP

                HIGH COURT OF MADHYA PRADESH
             1                                  W.P.No. 15796/2021
               ( Ramcharan Vs. State of M.P. & Ors.)

Gwalior Bench:
Dated -07/09/2021
     Shri R.K.Upadhyay, counsel for the petitioner.

      Shri Devendra Chaubey, learned Government Advocate for

the respondents No. 1 and 3/State.

Shri Pawan Kumar Dwivedi, learned counsel for

respondent No. 4.

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 has 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. Hence, the petition is

hereby dismissed with the following observations:-

"(i)Considered the submissions made by the Counsel for the petitioner, 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 petitioner. The said findings will not have any binding effect on the Court, nor they will influence the Court in any manner. The petitioner shall be well within his right to plead and prove before the Court of competent HIGH COURT OF MADHYA PRADESH

( Ramcharan Vs. State of M.P. & Ors.)

jurisdiction that he had developed the Colony after obtaining due permission under the Rules, 1998 after following all mandatory requirements as provided under Rules, 1998.

The Petitioner 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.

(ii) It is further observed that in case the order of assessment has been issued without giving any opportunity of hearing to the petitioner, 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 in spite of service of notice, then those applicants shall HIGH COURT OF MADHYA PRADESH

( Ramcharan Vs. State of M.P. & Ors.)

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.

(Anand Pathak) Judge jps/-

Digitally signed by JAI PRAKASH SOLANKI

JAI PRAKASH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

SOLANKI 2.5.4.20=287738d30aabaeda9b10cecdf179ce c865c7633f4cfb9e38ce14fcbb05b9522a, cn=JAI PRAKASH SOLANKI Date: 2021.09.09 18:38:30 +05'30'