Hyder Ali vs Municipal Corporation
2024 Latest Caselaw 6134 MP

Madhya Pradesh High Court

Hyder Ali vs Municipal Corporation on 28 February, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1138 of 2012
                                            (HYDER ALI AND OTHERS Vs MUNICIPAL CORPORATION)

                          Dated : 28-02-2024
                                Ms. Sanjna Sahni - Advocate for the appellant.

                                Mr. A.H. Khan - Advocate for the respondent.

The appeal was admitted on 13.11.2014.

Basically, the case of the plaintiff/ appellant is that he had applied formally by way of an application for allotment of shops in New Market, T.T.

Nagar, Bhopal but without any valid reason his name was omitted from the list of allottees and, therefore, he has filed this Second Appeal because the trial Court and the first appellate Court failed to appreciate the facts and law in proper perspective.

Learned counsel for the respondent submits that not only the plaintiff but his sons were also allotted shops, but in different areas on this lieu.

At this juncture, learned counsel for the appellant submits that she will seek instructions from her party whether what has been stated is correct or not.

Both the counsels are requested to seek instuctions from their parties

because if no space for shop is available in T.T. Nagar, Bhopal then simply for academic purpose long arguments and subsequent judgment cannot be appreciated. If any injustice is done to the appellant and he has not been adjusted in other area in Government Scheme then direction can be made for the same.

Accordingly, this case is adjourned.

List tomorrow i.e. 29.02.2024 on top of the list.

(AVANINDRA KUMAR SINGH) JUDGE VSG