MANGAL RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) THE contention of Shri Ashish Rawat, learned counsel for the petitioner is that the land upon which a small house of the petitioner is built up is of respondent no.2 District Panchayat. Since there is a house of the petitioner on the land of respondent no.2, an application was submitted by him vide Annexure P/2 dated 7.9.2007 to the respondent no.2 for allotment of the land on patta to him but that application has not yet been decided. Hence, the only prayer which the petitioner has made in this petition is that respondent no.2 be directed to consider and decide the said application.

(3.) HAVING heard learned counsel for the parties, I am of the view that this petition can be disposed of by giving direction to the respondent no.2 that if allotment of the land which the petitioner is seeking from the said authority is different to that of the subject matter of the civil suit filed by Smt. Pyari Bai, his application may be considered sympathetically in proper perspective by keeping in mind that as per case of the petitioner the said land is in his possession and he has also built up a house upon it and is residing along with his family in the said house. Let the decision be taken within a period of two months from the date of receipt of certified copy of this order. Till then, the interim order passed by this Court on 28.09.2012 shall remain in force.