Madhya Pradesh High Court
Manjri Choudhary vs The State Of Madhya Pradesh on 14 June, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 14 th OF JUNE, 2023
WRIT PETITION No. 11483 of 2023
BETWEEN:-
MANJRI CHOUDHARY W/O SHRI VIJAY CHOUDHARY,
AGED ABOUT 57 YEARS, OCCUPATION: HOMEMAKER
905-906, INDRADARSHAN BUILDING NO.19, NEAR
MILLAT NAGAR, NEW LINK ROAD, ANDHERI (WEST),
MUMBAI (MAHARASHTRA)
.....PETITIONER
(SHRI GAURAV GUPTA ,ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THRU.COLLECTOR COLLECTORATE MOTI
TABELA, INDORE (MADHYA PRADESH)
2. THE JOINT DIRECTOR TOWN AND COUNTRY
DEVELOPMENT DEPARTMENT INDORE
(MADHYA PRADESH)
3. THE CHAIRMAN MADHYA PRADESH REAL
ESTATE REGULARTORY AUTHORITY (MP RERA)
BHOPAL (MADHYA PRADESH)
4. DHRUV CHOUDHARY S/O SANJAY KUMAR
CHOUDHARY, AGED ABOUT 33 YEARS,
OCCUPATION: BUSINESS, COLONISER AND
PROMOTER OF BRILLIANT PARK AND OWNER
OF THE LAND BEARING SURVEY NO. 3/2/2 E-13,
SAKET NAGAR, INDORE M.P. AND ALSO
AVAILABE AT - 23, SECTOR-B, PLOT NO. 23 CMR,
BRILLIANT AURA FLAT NO. 901, UR-6 TO UR-9,
SCHEME NO. 136, INDORE (MADHYA PRADESH)
5. DEVIKA CHOUDHARY D/O SHRI SANJAY
CHOUD HARY E-13, SAKET NAGAR, INDORE
(MADHYA PRADESH)
6. MADHURI CHOUDHARY W/O SHRI SANJAY
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 14-Jun-23
6:14:41 PM
2
CHOUD HARY E-13, SAKET NAGAR, INDORE
(MADHYA PRADESH)
.....RESPONDENTS
( SHRI VAIBHAV BHAGWAT GOVT.ADVOCATE)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
Heard on the question of admission.
This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following relief:-
"9.1 That this Hon’ble Court kindly be pleased to issue a Writ of Mandamus and Certiorari against the Distt. Collector Indore to stop the unauthorized Development and Construction being carried out at the Project BRILLIANT PARK,at Village Nainod Tehsil & Distt. Indore.
9.2 The Permission granted by Town & Country Planning vide sanction No./INDLP-7 156/20/Nagrani/2020, dated
02.12.2020 and Permission granted for Development of Colony by Distt. Collector of Indore vide Order dated 25/01/2021 be canceled with immediate effect. 9.3 That the illegal unauthorized construction being carried out at project BRILLIANT PARK, at Village Nainod Tehsil & Distt. Indore be demolished. 9.4 The Approval granted by RERA no. P-IND-21-2868 dated 14.09.2021 and its renewal from time to time for Project BRILLIANT PARK be canceled with immediate effect.
9.5 That a Court monitored probe about the fraud played upon the petitioners while passing the order dated 29.3.2010 be ordered including the role of the then Tehsildar and other Revenue Authorities including the present Sub-Divisional Officer who is shielding and protecting the erring and corrupt public servants and Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 14-Jun-23 6:14:41 PM 3 respondents and their accomplice under section 120-B read with 420, 406, 467, 468 and 471 of IPC and Prevention of Corruption Act and other substantive provision of law.
9.6 That an order restraining the Defendant No. 4, 5 & 6 either by themselves or through their Agents, Servants to sell, alienate, transfer, assign, encumber on the said plot of land including its development and sale of project either as a whole or in part to public at large including the weaker section of society.
9.7 That an order of Attachment of Bank Accounts of Respondents No. 4 to 6 including the account specifically opened to deposit the booking amount be issued restraining the Respondent No. 4 to 6 to withdraw any amount from the said account being the amount belongs to public who has booked the plots at the project and order to refund the amount already withdrawn to the persons who have booked their plots and utilized by Respondent No. 4 to 6 to enrich themselves."
So far as the petition is concerned it has been filed against three orders first is against sanction of development certificate dated 25.01.2021 (Annexure P-1) issued by the Collector, Indore whereas the second order dated 25.05.2022 (Annexure P-2) is of M.P. Real Estate Regulatory Authority (RERA) and the third order dated 02/12/2020 (Annexure P-3) passed by the Joint Director, Town and Country planning, Indore.
A perusal of the aforesaid relief which are the particulars of the orders against which the petition has been filed as also various averments made in the body of the petition which clearly indicates that the petitioner has challenged various orders passed by various Authorities in the same petition and has also sought various reliefs apart from quashment of the orders.
In the considered opinion of this Court, there are multiple disputed Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 14-Jun-23 6:14:41 PM 4 question of facts involved which cannot be entertained in Writ jurisdiction of this Court under Article 226 of the Constitution of India and the reliefs sought can also not be granted in a single writ petition against the various orders.
In view of the same, the admission is declined and the writ petition is hereby, dismissed.
(SUBODH ABHYANKAR) JUDGE das Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 14-Jun-23 6:14:41 PM