MOHBE INFRASTRUCTURE Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed the present writ petition challenging order dtd. 25/11/2020 contained in Annexure-P/15.

(2.) It is submitted by counsel appearing for petitioner that petitioner is a partnership firm which had purchased land bearing Khasra No.102/1 and Khasra No.102/2, admeasuring total 1.475 hectares. Petitioner firm developed Real Estate Project 'Betul Pride' on a part of said land. All requisite permissions were obtained. It is submitted that subsequent purchasers were Scheduled Castes and were granted approval in legal search report of Canara Bank. Respondent No.3 i.e. State Bank of India expressed inability to sanction loan on the project as land which is sought to be mortgaged belongs to purchaser who is from Scheduled Tribe category. Bank expressed that permission of Collector was required under relevant provisions of M.P. Land Revenue Code. When subsequent purchaser approached Collector for getting permission under Sec. 165(6) of M.P. Land Revenue Code, the same was rejected on the ground that there is ban on transfer including creation of mortgage. It is submitted that Collector ignored the recommendation of S.D.O. as well as Patwari to grant permission.

(3.) Perused the order dtd. 25/11/2020 contained in Annexure-P/15.