SUDHA BHAWSAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THERE is a stay order operating against the respondent No.4 and that is why Shri Dudawat is very vocal. He represents that respondent and submits that in so far as she is concerned, the petitioner has no case. He is correct and that position will be manifested shortly in this order. Today, we have before us copy of an order filed with T.A. No. 3/92 by Shri Kaushik, petitioner's counsel. That is an order of the State Government and is addressed to the Collector, Vidisha. That is dated 30.9.1989. It clearly manifests the position that petitioner Ku. Sudha Bhawsar's case for quarry lease had to be considered in respect of K. Nos. 211, 212, 214 and 215 and area was also given 33.821 hectares. There is a clear finding in that order that she had eligibility as also entitlement for the lease and on that final decision on merits had to be taken.

(2.) IN that context we apprised ourselves of the grievance made with respect to the claim of the two contenders under Annex. P/1, that is an order dated 31.10.1991 passed by the State Government. What appears clear is that at para 5 the case of the petitioner was considered and it was found that she was not to be given lease in respect of K. No. 216 and her case had to be considered for Khasra Nos. 211, 212, 214 and 216. By that order lease was granted for K. No. 216 to non -petitioner No.4 Smt. Meenasingh, wife of Ajaysingh, whom Shri Dudawat represents. No doubt, therefore, that in so far as petitioner's claim is concerned, that claim is to be considered with respect only to Khasra Nos. 211, 212, 214 and 215 and not for Khasra No. 216.

(3.) IN these circumstances, this petition is disposed of in terms of the direction to the respondents to pass an order allowing the prayer of the petitioner for quarry lease in respect of Khasra Nos. 211, 212, 214 and 215 on the condition of her producing the certificate within six months of registration/sponsorship from the Industries Department. The stay order stands vacated. The amount of security shall be refunded to the petitioner.