Orchhadham Developers Llp Registered ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 20506 MP

Madhya Pradesh High Court

Orchhadham Developers Llp Registered ... vs The State Of Madhya Pradesh on 5 December, 2023

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      WP No. 30096 of 2023
                           (ORCHHADHAM DEVELOPERS LLP REGISTERED UNDER THE PROVISIONS OF SECTIN 58(1) OF THE
                                    LIMITED LIABILITY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 05-12-2023
                                Shri Rahul Diwakar - Advocate along with Shri Sanjay K. Agrawal -

                          Senior Advocate for the petitioner.
                                Shri Mohan Sausarkar - Government Advocate for respondent/State.

Heard on admission.

Issue notice to the respondents on payment of process fee within seven

working days by RAD mode, failing which petition shall stand dismissed without reference to the Court.

Also, heard on interim relief.

Learned counsel for the petitioner submits that prior to passing order Annexure-P/15, he was not served and relies on notice Annexure-P/14 to contend that the petitioner was not served in proceedings before the Commissioner. Apart from this, learned counsel for the petitioner relies on the judgment passed by a Coordinate Bench of this Court reported in 2012 SCC Online MP 9661 (W.P. No.8414/2011) and submits that since the original

vendor was having entries prior to amendment of Sections 158 (3) and 165 (7-

b), hence no permission was required before sale of land.

Per contra, the learned counsel for the State submits that against the order passed in W.P No.8414/2011, W.A No.275/2013 is pending before the Gwalior Bench.

Till the next date of hearing, the order Annexure-P/15 shall remain stayed and the petitioner shall not be dispossessed from the land in question. The state

shall be at liberty to point out as and when W.A No.275/2013 is decided by Gwalior Bench.

(VIVEK JAIN) JUDGE

Prar