RAM MANOHAR LOHIA GIRH NIRMAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE appellant has filed this appeal against an order dated 1/2/2007 passed by a learned single Judge of this Court by which he has refused to review his order dated 4/9/2006 dismissing the writ petition of the appellant.

(2.) THE appellant claims that it is a Cooperative Housing Society. THE Society and its members filed the writ petition before the learned single Judge claiming that the Municipal Council, Morena should fulfills its alleged obligation by transferring certain lands to the appellant Society. THE alleged obligation of the Municipal Council is said to arise on account of a resolution/agreement/promise by the Town Improvement Trust to transfer the land in question to the Society for certain monetory consideration. It is claimed by the appellant that the Municipal Council is a successor to the Town Improvement Trust under the MP Municipalities Act, which has transferred rights as well as obligations of the Town Improvement Trust to the Municipal Council.

(3.) THE learned single Judge further held that a dispute of this nature could not be dealt with by this Court in its writ jurisdiction. In addition to the above, the learned single Judge also held that there was no sanction by the State Govt. as required under Section 109 (3) (iii) of the M.P. Municipalities Act. 3