MUNICIPAL COUNCIL MALAJKHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 and 227 of the Constitution of India the petitioner is seeking the following reliefs: -

(2.) ON bare perusal of the reliefs which are claimed, it is clear that pursuant to the resolution dated 13.9.1997 (Annexure P -7) the ball was thrown in the court of the State Government to provide land to establish cattle market and weekly market commonly known as Haat, but, no decision has been taken by the State Government. From the averments made in the petition it transpires that the land for which the aforesaid reliefs are being sought has already been allotted to the Krishi Upaj Mandi Samiti (respondent No.3) vide Gazette Notification dated 28th April, 1969 (Annexure P -1) and since then various activities of Krishi Upaj Mandi Samiti are being carried out for the last more than four decades.

(3.) BEFORE dwelling upon the contention made in the memorandum of writ petition and other documents, it would be apt to quote the order of this Court passed in Misc. Petition No.2166/1984 (Krishi Upaj Mandi, Mohgaon vs. Special Area Development Authority and others) decided on 2.8.1995 (Annexure P -5), which reads, thus: -