RAKESH Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall lead to disposal of W.P. Nos. 4884/2008 - Dhanraj v. State of M.P. and others, 4813/2008 - Murlidhar v. State of M.P. and others, 4817/2008- Ashok Kumar v. State of M.P. and others, 4820/2008 Sachhanand v. State of M.P. and others, 4822/08 - Atalram Chelani v. State of M.P. and others, 4825/2008 -Sunil Kumar v. State of M.P. and others, 4830/08 - Nandkumar v. State of M.P. and others, 4876/2008 Asudamal v. State of M.P. and others. 4877/08 - Ramomal v. State of M.P. and others, 4878/2008 Arjundas v. State of M.P. and others, 4879/2008'-Dilip Kumar v. State of M.P. and others, 4881/2008 Kalyan Singh v. State of M.P. and others, 4887/2008 - Mahesh Kumar v. State of M.P. and others, 4889/2008 Harakchand v. State of M.P. and others, 4890/08 Mahesh Kumar v. State of M.P. and others, 4910/08 Basant Kumar v. State of M.P. and others, 4911/2008-Narsomal v. State of M.P. and others, 4912/2008 - Kanhaiyalal Chandwani v. State of M.P. and others, 4914/2008 Keshav Kumar v. State of M.P. and others, 4915/2008 - Shyamkumar v. State of M.P. and others, 4917/2008 - Vijay Kumar v. State of M.P and others, 4919/2008 - Alamchand v. State of M.P. and others, 4935/2008 - Piyush Kumar Jain v. State of M.P. and others, 4937/2008 - Vasudeo Guravani v. State of M.P. and others, 4938/ 2008 - Motiram v. State of M.P. and others, 4939/08 - Pyarclal Chelani v. State of M.P. and others, 4940/08 - Jai Kumar Chelani v. State of M.P. and others, 4946/08 - Vikas Kumar Chelani v. State of M.P. and others, 4952/08 - Vasudeo Gurvani v. State of M.P. and others, 4984/08 - Ashok Kumar Jain v. State of M.P. and others, 4985/08 - Manoharlal v. State of M.P. and others, 5049/08 Gopaldas Chhabra v. State of M.P. and others, 5053/08 - Tarachand Chhabra v. State of M.P. and others, 5055/08 - Pritpal Singh v. State of M.P. and others, 5056/08 - Vishal Chelani v. State of M.P. and others, 5061/08- Ramesh Gurvani v. State of M.P. and others, 5062/08-MotilaI v. State of M.P. and others, 5069/08 - Lakhanlal Chelani v. State of M.P. and others, 5070/08 - Devendra Singh Gambhir v. State of M.P. and others, 5071/08 - Pritpal i v. State of M.P. and others, 5072/08- Ashok Kumar Makhija v. State of M.P. and others, 5217/08- Rajkumar v. State of M.P. and others, 5218/08 Omprakash Chelani v. State of M.P. and others, 5219/08 - Laxmandas v. State of M.P. and others, 5220/08 - Kisanchand Meghani v. State of M.P. and others, 5259/ 08 - Rajkumar Basani v. State of M.P. and others, 5262/08 - Sewaram v. State of M.P. and others, 5263/08 - Pradeep Kumar Patel v. State of M.P. and others, 5264/08 - Bansilal Chelani v. State of M.P. and others, 5265/08 - Hariram Bijlani v. State of M.P. and others, 5360/08 - Davindern Singh Gambhir v. State of M.P. and others, 5361/08 - Sushil Kumar v. State of M.P. and others, 5363/08 - Smt. Dwaribai v. State of M.P. and others, 5365/08 - Ramesh Kumar Devani v. State of M.P. and others, 5368/2008 - Bansilal v. State of M.P. and others and 5370/2008 - Kanhaiyalal Jethwani v. State of M.P. and others, as the issue raised in these writ petitions are same.

(2.) THE issue is as to whether the respondent State of Madhya Pradesh is justified in its action of affirming the order of suspension passed by the Collector, Hoshangabad in exercise of its powers under Section 323(1) of the M.P. Municipalities Act, 1961; whereby, the decision of Municipality permitting the petitioners to construct first floor over existing lease hold shops was suspended.

(3.) IT appears from record that some complaints were made against the decision taken by the council of granting permission to construct shops over first floor which led to initiation of action under section 323- of the Act of 1961 by the Collector, Hoshangabad. The complaint was that, the permission has been granted contrary to the provisions contained in Madhya Pradesh Municipalities (Transfer of Immovable Property) Rules, 1996. The proceeding culminated into an order dated 13.10.2000, by Collector, Hoshangabad, who suspended the order dated 21.9.2000; whereby, the permission was granted to the shopkeepers to raise construction on first floor. The matter thereafter was referred to the State Government for its confirmation vide sub section (2) of Section 323 of 1961 Act. The State Government vide order dated 14.2.2003 affirmed the suspension order. The decision of the State government was put to execution by Council vide resolution passed in meeting dated 26.2.2008. Consequent whereof an order dated 1.4.2008 was passed by the Municipal Council calling upon respective shopkeepers to dismantle the construction done in pursuance to order dated 21.9.2000.