Madhya Pradesh High Court
Diwan Singh vs The State Of Madhya Pradesh on 25 March, 2019
1
WP No.6026/2019
THE HIGH COURT OF MADHYA PRADESH
WP No.6026/2019
(Mohar Singh and others Vs. The State of M.P. and another)
Gwalior, Dated : 25/03/2019
Shri M.P. S. Raghuwanshi, learned counsel for the petitioner.
Shri R.S. Bansal, learned Deputy Govt. Advocate for the
respondents/State
1. The challenge in this petition under Article 226 of the Constitution is to Annexure P-1 dated 02.03.2019 passed by Collector, Morena whereby a decision taken to establish a particular school on a particular piece of land which is different than the land gifted by the petitioner to the State subject to the condition that gift would be used for construction of the said school.
2. In the considered opinion of this Court, once the petitioner alienated his property by a legitimate means i.e. gift, he relinquishes all the rights, title and interest over the said land.
3. However, if at all any of the conditions subject to which the transaction of gift was made stands breached, the petitioner can very well resort to the jurisdiction of the competent civil Court.
4. This Court is afraid that in view of aforesaid facts, circumstances and grievance, no writ can be issued and therefore, this court declines interference and dismisses the present petition at the admission stage itself, sans cost.
(Sheel Nagu) Judge suneel SUNEEL DUBEY 2019.03.27 19:21:45 +05'30'