Madhya Pradesh High Court
Smt.Sudha Sandheliya vs The State Of Madhya Pradesh on 19 July, 2012
- ( 1 ) - WP Nos.5938/2008 & 12340/2010
IN THE HIGH COURT OF MADHYA PRADESH : JABALPUR
W.P.No. 5938 of 2008
Smt. Sudha Sandheliya
Versus
State of M.P. & three others
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Shri B.P.Sharma, learned counsel for petitioner.
Shri S.K.Shrivastava, panel lawyer, for the State/respondents No. 1
to 3.
None for the respondent No. 4.
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W.P.No. 12340 of 2010
Kamla Prasad Chaurasia
Versus
State of M.P. & three others
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None for petitioner.
S.K.Shrivastava, panel lawyer, for the State/respondents No. 1 & 2.
Shri Kumaresh Pathak, counsel for the respondent No. 3.
Smt. Alka Pandya, counsel for the respondent No. 4.
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Present : Hon'ble Shri Justice R.S.Jha
ORDER
(19-07-2012) As both the petitions involve and relate to the allotment of Shop No. 6, located at Indira Shopping Centre, in the premises of Jila Panchayat, Damoh and as the petitioners in both the petitions are claiming right to allotment of the same, therefore, both these
- ( 2 ) - WP Nos.5938/2008 & 12340/2010 petitions are taken up, heard and decided together concomitantly.
2. Writ Petition No.12340/2010 was taken up in the week commencing 2-7-2012, however, as nobody appeared in the petition, it was passed over and thereafter again taken up for hearing on 10-7-2012. On that day Smt. Devika Singh, learned counsel appeared on behalf of Smt. Arpana Nakra, learned counsel for the petitioner in W.P.No. 12340/2010 and requested that the matter be taken in this week as the counsel, Smt. Arpana Nakra, was not able to attend the case on account of bereavement in her family. By way of a last opportunity on the request of Smt. Devika Singh, the matter was adjourned and is now taken up today. Unfortunately, none appears for the petitioner in W.P.No. 12340/2010 even today, therefore, the Court has no option but to proceed with the hearing of the petition.
3. The brief facts leading to the filing of the present petition are that Ramcharan Chourasia was in occupation of a shop that was constructed by Jila Panchayat, Damoh for several years. Subsequently, the Jila Panchayat, Damoh took up proceedings to allot the Shop No. 6 which was in possession of Ramcharan Chourasia consequent to which the said Ramcharan Chourasia deposited an amount of Rs.5000/- with the Jila Panchayat, Damoh on 26-11-1988 and thereafter another sum of Rs.15,000/- on 30-11-1995. As the Jila Panchayat, Damoh sought further recovery of a sum of Rs.32,000/- from each of the occupants to construct new
- ( 3 ) - WP Nos.5938/2008 & 12340/2010 shops and allot them to the occupants, therefore, Ramcharan Chaurasia deposited the additional amount as required by the Jila Panchayat also.
4. Thereafter, Ramcharan Chaurasia transferred the shop to one Avtar Singh, who in turn transferred the Shop No. 6 to the petitioner in W.P.No. 5938/2008 by agreement dated 22-10-2005 who filed an application before the C.E.O., Jila Panchayat, Damoh for transfer of the shop in the name of the petitioner pursuant to which the petitioner was required to deposit a sum of Rs.5000/- on 2-8-2007 and thereafter by resolution dated 9-5-2007 the Shop No. 6 was transferred in the name of the petitioner in W.P.No. 5938/2008.
5. It is alleged by the petitioner in W.P.No. 5938/2008 that though the petitioner was continuing in possession of the shop, formal letter of allotment has not been issued to her. Hence the present petition.
6. It is stated that a similarly situated person, namely, Mangal Rajak has filed a petition before this Court in which interim relief had been granted by this Court and in such circumstances the petitioner in W.P.No. 5938/2008 has sought for a direction to the respondents to allot Shop No. 6 located at Indira Shopping Centre, Jila Panchayat, Damoh to the petitioner.
7. The petitioner in W.P.No. 12340/2010, per contra, has filed the petition alleging that he is in possession of Shop No. 6 located at Indira Shopping Centre/Purana Bazar, Jila Panchayat, Damoh and
- ( 4 ) - WP Nos.5938/2008 & 12340/2010 he has deposited a sum of Rs.5000/- on 24-11-1988 for registration of the said shop in his name. It is further alleged that the petitioner in W.P.No. 12340/2010 has also deposited a sum of Rs.15,000/- on 30-11-1995 but the said shop has not been allotted to him though he is approaching Jila Panchayat, Damoh repeatedly. It is stated that subsequently as the Jila Panchayat, Damoh has resolved that it would take a sum of Rs. 1,27,521/- as cost of the shop, therefore, the petitioner has filed an application before them stating that he is willing to pay the said amount but the respondent/Jila Panchayat has not passed any order in his favour. On the basis of the aforeasaid allegations the petitioner in W.P.No. 12340/2010 has prayed for a direction to the respondents to allot Shop No. 6 to the petitioner.
8. As is apparent from a perusal of the aforesaid averments, both the petitioners are claiming allotment of the same Shop No. 6 in derogation of the claim of each other. The respondent/Jila Panchayat has filed a return in W.P.No. 5938/2008 and have admitted the fact that the petitioner in that petition, Smt. Sudha Sandheliya received the shop from Shri Ramcharan Chaurasia which is acknowledged by them and they also accepted the proposal of transfer of the shop in the name of the petitioner and permitted her to occupy the premises after accepting the amount of Rs. 5000/- and other amount. It is, however, stated that subsequently, the Jila Panchayat has resolved to recover the price of the shop at market rate and, therefore, they are willing to allot the shop to the petitioner, Smt. Sudha Sandheliya only in case she is willing to deposit the
- ( 5 ) - WP Nos.5938/2008 & 12340/2010 increased amount of cost of the shop.
9. The respondent/Jila Panchayat has also filed a return in W.P.No. 12340/2010 and have stated that the Shop No. 6 has to be allotted in favour of Smt. Sudha Sandheliya and as only one shop is available, therefore, the petitioner in W.P.No. 12340/2010 has no right to occupy Shop No. 6 and, therefore, no shop can be alloted to the petitioner at present.
10. The petitioner in W.P.No. 5938/2008, who has also been impleaded as respondent No. 4 in W.P.No. 12340/2010, has filed a return in W.P.No. 12340/2010 and stated that she is willing to deposit the enhanced cost of the shop and, therefore, the appropriate order in her favour be issued. In the aforesaid return, Smt. Sudha Sandheliya has brought on record the letter issued by the Jila Panchayat, Damoh dated 1-2-2008 informing her that possession of the reconstructed shop cannot be handed over to her on account of the interim order passed by this Court in W.P.No. 12611/2007. She has further brought on record the fact that in her writ petition, i.e. W.P.No. 5938/2008 this Court, by order dated 16-5-2008 had directed that Shop No. 6 shall not be alloted to any person except the petitioner without the leave of the Court in spite of which and in violation of the directions issued by this Court the petitioner in W.P.No. 12340/2010 forcefully entered the shlop and has started running his business there in the name of "Sai Kripa Cold Drinks and Juice Centre". Smt. Sudha Sandheliya has also brought
- ( 6 ) - WP Nos.5938/2008 & 12340/2010 on record the letter issued by the S.D.O., Rural Engineering Services, Damoh directing the Sub Engineer of the department to initiate criminal proceedings against the petitioner in W.P.No. 12340/2010 as he has violated the interim order of this Court with a further direction to ensure compliance of the interim orders pursuant to which a report has been lodged against the petitioner in W.P.No. 12340/2010 at P.S.Kotwali, Damoh. There is also a direction in the letter to remove the encroachment made by him.
11. The learned counsel appearing for the Jila Panchayat has, during the course of arguments, stated that subsequently the Jila Panchayat allotted the shop in favour of Smt. Sudha Sandheliya in view of the fact that she was in occupation of the same previously and in view of the interim order passed by this Court subject to the fact that she is willing to deposit the increased cost of the shop with the respondent/Jila Panchayat. The learned counsel for Smt. Sudha Sandheliya states that she has no objection and that she would deposit the amount of Rs.1,27,521/- after deducting the amount already deposited by her within one month.
12. The learned counsel for the Jila Panchayat further points out that similar petitions, W.P.No.1591/2008, W.P.No. 2731/2008 and W.P.No. 2732/2008 have been disposed of by this Court by order dated 9-7-2010 with the directions in the following terms :-
"Keeping in view of the aforesaid, the petitions are disposed of with a direction that on petitioners' depositing the total amount of Rs.1,27,521/- (after deducting the
- ( 7 ) - WP Nos.5938/2008 & 12340/2010 amount already deposited in lieu of allotment of shops in question) within a period of thirty days from the date of this order, respondent No. 2 shall allot the shops in question to respective petitioners after observing due formalities within a period of 15 days from the date of petitioners' depositing the amount."
and, therefore, the present petition may also be disposed of in favour of the petitioner, Smt. Sudha Sandheliya in terms thereof.
13. In view of the aforesaid facts and circumstances, rival submissions of the parties, the statements made by the learned counsel appearing for the petitioner, Smt. Sudha Sandheliya, in W.P.No. 5938/2008 and the statement of the learned counsel appearing for the Jila Panchayat, Damoh, the petition filed by the petitioner Smt. Sudha Sandheliya in W.P.No. 5938/2008 is allowed and it is directed that the Shop No. 6, in question, along with possession thereof shall be handed over to the petitioner, Smt. Sudha Sandheliya and that she shall deposit the amount of Rs.1,27,521/- (from which appropriate deductions and adjustment of the amount already paid by her, shall be made, within a month with the respondent/Jila Panchayat.
14. As it has been brought on record that the petitioner in W.P.No. 12340/2010 has taken over possession of the shop after, and in violation of the interim order was passed by this Court and has filed the petition after two years of the interim order passed by this Court in the case of Smt. Sudha Sandheliya and as his possession is illegal and is an encroachment, therefore, in terms of
- ( 8 ) - WP Nos.5938/2008 & 12340/2010 and in view of the order passed by this Court in W.P.No. 10989/2010 (Aleem Khan Vs. State of M.P. & others) dated 21-4-2011 in similar circumstances where a third person had taken over possession of another shop in the same complex, it is held that the petitioner in W.P.No. 12340/2010 is liable to vacate the same and the Jila Panchayat, Damoh would be at liberty to take appropriate steps against him to implement the order passed by this Court in favour of the petitioner, Smt. Sudha Sandheliya in W.P.No. 5938/2008 within the aforesaid period. Consequently, the petition, W.P.No. 12340/2010 stands dismissed.
15. In the facts and circumstances of the case there shall be no order as to costs. A copy of this order be placed in the record of W.P.No. 12340/2010.
(R.S.Jha) Judge mct
- ( 9 ) - WP Nos.5938/2008 & 12340/2010 and as there are reports of the concerned authorities that he has forcefully taken the shop in question in respect of which the matter has also been taken up to the police authorities, therefore, the Jila Panchayat in implementation of the directions issued by this Court in favour of Smt. Sudha Sandheliya, would be entitled to remove the encroachment, if any, over the Shop no. 6 and take over possession thereof and then handover the same to Smt. Sudha Sandheliya within the aforesaid period.