M.P. HOUSING BOARD Vs. SATISH KUMAR BATRA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.09.2020 passed by the High Court of Madhya Pradesh, Bench at Indore in Writ Appeal No. 392 of 2009 by which the Division Bench of the High Court has allowed the said appeal preferred by the respondent Nos. 1 to 3 herein and has set aside the judgment and order passed by the learned Single Judge dated 09.09.2009 passed in Writ Petition No.2624 of 2008 and has held that the respondent Nos. 1 to 3 herein shall be entitled for the same relief, which has been extended to the similarly placed persons - Gajanand Mali, who was the petitioner in the Writ Petition No.651 of 1995, the M.P. Housing Board and Anr. have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:

(3.) However, the High Court has not at all noted and/or considered that with respect to the very acquisition and the notifications under Sections 4 and 6 dated 12.07.1994 and 26.05.1995 respectively, Writ Appeal No.447 of 2009 filed by the predecessor-in-title of the respondent Nos. 1 to 3 i.e., Gajanand Mali is pending before the High Court. Without noticing the same, the High Court has allowed the appeal and set aside the order passed by the learned Single Judge.