PREMCHAND SUGNICHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution to call up and quash by certiorari the following:

(2.) THE facts giving rise to this petition may be shortly stated. Chokhamal (respondent 3) applied for the grant of lease of the five plots mentioned in the opening paragraph for extracting therefrom earth and sand. Out of these plots, he had purchased, by a sale-deed dated 8th June, 1961, kh. Nos. 9/2, 11 and 376/2. The remaining two plots, kh. Nos. 6/4 and 9/1, were owned by Ishwarlal and govindram. In due course, the State Government passed the impugned order dated 4th January, 1962 by which it decided to grant the lease asked for by the respondent 3. Also, the Collector executed in favour of the respondent 3 the lease deed dated 21st January 1962. Thereupon, the respondent 3 applied for the issuance of work order. Sugnichand, who had purchased kh. Nos. 6/4 and 9/1 from Ishwarlal and Govindram By two sale-deeds dated 31st January, 1962 and 1st February, 1962, opposed the application and prayed that those two plots may not be leased to the respondent

(3.) PERMISSION to commence work on kh, Nos. 9/2, 11 and 376/2 was, however, granted. Thereupon, the respondent 3 made an application for taking action under sub-sections (3) and (4) of Section 247 of the Madhya Pradesh Land Revenue code, 1959, in respect of the other two plots kh. Nos. 6/4 and 9/1, Notices have been issued to the petitioners, who arc the legal representatives of Sugnichand, and the proceedings taken on the aforesaid application are still pending. But the petitioners claim to be aggrieved by the grant of the lease without hearing them and also by the dismissal of the application dated 18th August, 1962 which sugnichand had made to the State Government for a review of the order dated 4th january, 1962. 3. Having heard the counsel, we have formed the opinion that this petition is devoid of substance. The relevant provisions, which govern this matter, are contained in Section 247 of the Madhya Pradesh Land Revenue Code, 1959, which is reproduced: