A K VARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall govern the disposal of the present writ petition and the writ petitions indicated in the schedule to this order.

(2.) THE petitioner is a permanent employee of Nagar Palika Parishad, Morena. Earlier, he was an employee of Town Improvement Trust, Morena. The Town Improvement Trust was taken over by way of merger by the Nagar Palika Parishad. This is how the petitioner came in the service of Nagar Palika Parishad. It is the case of the petitioner that the Government of Madhya Pradesh framed a policy with a view to provide housing accommodation to the employees of various Local Bodies. It issued a circular on 12th of July, 1988. Copy of this has been placed on record as annexure P/3. The policy, annexure P/3, as indicated above deals with the method and manner in which land could be allotted to the employees working in various institutions looked after by Local Self Department. According to the petitioner, the Nagar Palika Parishad, Morena showed its concern for the welfare of its employees and taking note of the guidelines indicated in annexure P/3, passed a resolution on 16th of November, 1994. This resolution has been placed on the record as, annexure P/4. By this, the land measuring 30' x 50' was proposed to be allotted to the petitioner and other similarly placed employees. One employee was to get a plot measuring 40' x 60'. About eight employees were to get plots measuring 20' x 40'. The employees were to get land measuring 20' x 30'. This allocation was made as per the status of the concerned employee. There were twenty employees in all. Rate was fixed at Rs. 10/- per sq. ft. It is a further case of the petitioners that in compliance with the resolution, annexure P/4, sale deeds were executed on 20th of January, 1995. Copy of the duly registered sale deed has been placed on the record as annexure P/5. This is dated 25th January, 1995. It is a further case of the petitioner that not only the sale deed was executed but possession was also handed over. It is further stated that full consideration has been paid. The factum of possession having been delivered to the petitioners is sought to be evidenced by placing reliance on annexure P/6. It is further stated that one more resolution, copy whereof is annexure P/7 was also passed. By this resolution, it was proposed to allot plots to some other employees also. The names of these employees have been indicated in annexure P/7. The above action with a view to make allotment of plot to the petitioner and his other colleagues was taken when the Nagar Palika Parishad was not having an elected body in the office. When the elected body came into existence it wanted to re-examine as to whether the allotment made vide resolution, annexure P/4 is good or bad. Special meeting was called. A notice regarding this was issued on 4th of April, 1995. Resolution has since been passed on 8th of April, 1995. Copy of this is, annexure P/1. By this resolution, annexure P/4 has been nullified. It is this action of the respondent Nagar Palika Parishad which is being impugned in these petitions.

(3.) THE case of the respondents be noticed.