MAHENDRA PATEL Vs. COLLECTOR JABALPUR

JUDGEMENT

(1.) PETITIONER in this writ petition is assailing the orders (P-l, P- 2 and P-3)by which the colonizers' licence granted to the petitioner has been cancelled the petitioner was granted colonizer registration under M. P. Gram Panchayat (Registration of Colonizers Terms and Conditions) Rules, 1999 (for short 'the rules' ). The ground on which the licence has been cancelled includes that land in question has not been got diverted by the petitioner and there is violation of the conditions of licence and development has been done in an illegal manner. Petitioner was directed to maintain the status quo as per order (P-2)passed by SDO on 4-9-2001. Against this order, petitioner preferred an appeal before the Collector; the appeal has been dismissed as per order dated 26-9-2001.

(2.) PETITIONER submits that under Rule 9 of the rules no objection certificate has to be obtained by the competent authority of the concerned department. It was the duty of the competent authority who is making registration to have obtained the no objection certificate from the Tehsildar or Nazul officer, or from SDO under Section 172 of M. P. Land Revenue Code, 1959. Reliance is also placed on sub-rule (2) of Rule 9; if the no objections or permissions described in sub-rule (1) are not issued by the concerned department/office within a period of forty five days from the date of the receipt of letter from the competent authority, it shall be deemed they have no objection and the application shall be disposed off within ninety days from the date of the receipt of the application under Rule 8. The matter of diversion has not been decided by the respondents; there is no provision to suspend the registration; it can only be cancelled under the rules. No notice was issued to cancel the licence/registration, hence the action is bad in law.

(3.) THE respondent Nos. 1 and 2 in their return contend that the petitioner was granted the licence under the Rules; the President of said society without getting the land diverted carved out the plots and plots were made in other Khasras not covered by registration certificate. Show-cause notice (Annexure R-l) was served on the petitioner. Reply (R-2) was filed. Petitioner was heard in the matter and thereafter the order has been passed. Registration has been rightly cancelled.