MOTIRAM MANDHYANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this batch of appeals preferred under Clause 10 of the Letters Patent, the appellants have called in question the defensibility and the legal propriety of the composite order passed by the learned single Judge in a bunch of writ petitions as well as the sustainability of a singular order passed separately. It is apropos to state here the learned single Judge disposed of eight writ petitions by a common order on the base that common questions of law with slight variation of facts arose for determination and hence, they deserved to be dealt with by a common order. As in another writ petition, the factual matrix was-depicted in a different manner he passed a separate order. We may state at the outset that all the writ petitioners have not preferred appeals but only present appellants have invoked the jurisdiction of this Court taking recourse to intra-Court appeal.

(2.) In different appeals facts have been adumbrated in different manners but essentially the facts which have been depicted in the impugned order, barring the separate order, there is no noticeable variance in their basic features and, therefore, we shall state the facts as have been exposited in the orders.

(3.) Jabalpur Development Authority (hereinafter referred to as 'the JDA') got an advertisement published in various newspapers on 19-3-1991 inviting applications from educational institutions for allotment of the land in its various schemes. Pursuant to the said advertisement, the appellants submitted their applications. The appellant, namely, Guru Gobind Singh Educational Society was allotted 1,24,630 sq. ft. bf land for Construction of high school. Appellant-Motiram Madhiyani, -President, Sindhu Samaj (in LPA No. 186/2000) was allotted 1,24,750 sq. ft. for construction of high school arid a college. Shanti Nagar Bal Vikas Shiksha Samiti was allotted 45,600 sq. ft. for the purpose of constructing a middle school. Apart from the aforesaid allotment, Shri Ram Mandir Shiksha Samiti was allotted 60,000 sq. ft. initially which was later on enhanced to 1,55,000 sq. ft, Ranjhi Vivekanand Shiksha Vikas Samiti was allotted 13,993 sq. ft. and Jabalpur Thoak Vastra Vikreta was allotted 93.670 sq. ft. and Maharashtra Samaj was allotted 11,700 sq. ft.