HARBANS KAUR Vs. COMMISSIONER

JUDGEMENT

(1.) The present writ petition under Sec. 226/227 of the Constitution of India has been filed by the Petitioners claiming for the following relief:-

(2.) To sum up the relief clause it may broadly be divided into two parts. First is, to direct the Respondents for registering a criminal case against Respondent No.5 and its members and, second is for issuance of an appropriate order of injunction by an appropriate writ restraining Respondent No.5 and its so called members from using the disputed plot/property which belongs to the Petitioners by way of lease.

(3.) Facts of the case in nutshell are that Respondent No.1-Municipal Corporation, Bhilai, is said to have executed a lease deed in favour of the Petitioners on 16/2/2000 with the validity of the lease for 30 years. According to the Petitioners, subsequent to the granting of lease they had also sought permission for construction over the said property and that they had also got the permission. As per the Petitioners, the granting of lease deed to them on 16/2/2000 was subjected to challenge by Respondent No.5 before the High Court of Madhya Pradesh in Writ Petition No. 2704 of 2000 which got dismissed on 1/5/2000 vide Annexure P-2.