Madhya Pradesh High Court
Vijay Chouhan vs Indore Development Authority on 17 March, 2025
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2025:MPHC-IND:7022
1 WP-20639-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 17 th OF MARCH, 2025
WRIT PETITION No. 20639 of 2024
VIJAY CHOUHAN AND OTHERS
Versus
INDORE DEVELOPMENT AUTHORITY AND OTHERS
Appearance:
Shri Pradyumna Kibe - Advocate for the petitioners.
Shri Harshavardhan Singh Rathore- Advocate for the respondent No.1.
ORDER
Heard finally.
2] This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:-
"It is therefore most humbly prayed that this Hon'ble court maybe pleased to issue a writ, order or direction of appropriate nature against the respondents for:-
7.1 Quashing the impugned revocation notice dated 05.01.2024 (Annexure P/11); 7.2 Refund of amount to the tune of Rs. 11,37,581/- along with interest @ 8% p.a. to petitioner no. 2;
7.3 Issuance of fresh demand note to petitioner no. 1 with respect of payment of first installment of premium amount for Plot no. 19, Scheme no. 103 according to reservation letter dated 07.10.2019;
7.4 Not to charge any penal interest on the subsequent demand notes being the petitioner no. 1 not at fault;
7.5 Cost be awarded to the petitioners; & 7.6 Any other directions as this Hon'ble court in the interest of justice may deem fit."
3] Counsel for the petitioner, at the outset, has drawn the attention of this Court to an order passed by this Court in W.P. No.16120/2023 (Devendra and Another Vs. Indore Development Authority and Another) dated 17.02.2024 wherein also, a similar petition was allowed by this Court, when the respondents had refused to accept the payment made on behalf of the petitioner No.1 by the Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 3/17/2025 6:05:40 PM NEUTRAL CITATION NO. 2025:MPHC-IND:7022 2 WP-20639-2024 petitioner No.2, and in the present case also, the premium amount as per the bid condition has been paid by the petitioner No.2.
4] Counsel for the petitioners has also submitted that the petitioner No.1 is also ready to deposit the amount as has been ordered by this Court in the case of Devendra (Supra).
5] Counsel for the respondents, on the other hand, has opposed the prayer, however, it is not denied that the order passed in the case of Devendra (Supra) has not been challenged before the Division Bench.
6] In view of the same, this Court is of the considered opinion that the case of the petitioner is identical to that of Devendra (Supra) and thus, the petition is hereby disposed of in terms of the order passed in the case of Devendra (Supra) .
7] Accordingly, considering the fact that the amount is already lying with the respondents, which has been paid by the petitioner No.2 on behalf of petitioner No.1, it is directed that the amount of Rs.11,37,581/- be returned to the petitioner No.2 along with 6% interest, and within seven days therefrom, the petitioner No.1 shall be allowed to deposit the entire amount along with 6% interest.
8] With the aforesaid, the petition stands disposed of.
(SUBODH ABHYANKAR) JUDGE Bahar Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 3/17/2025 6:05:40 PM