PRMOD KUMAR GOEL Vs. STATE OF M.P.

JUDGEMENT

(1.) In writ petition No.4414/2012, filed in public interest, petitioners, claiming to be public spirited citizens prayed for a writ in the nature of mandamus directing the respondents No.2 and 3 to remove the illegal encroachment of respondent No.4 from the land bearing survey No.269/1 of village ­ Palasia Hana Indore. They also prayed for writ of prohibition directing the respondent No.3 to ensure that no illegal construction or unauthorized construction is raised and to take proper and effective steps for removal of such illegal and unauthorized construction, if already made or is being made, on the ground that it is an illegal and against public interest.

(2.) Brief facts of the case are that the land bearing Survey Nos.269/1 and 269/2, are the land of Municipal Corporation, Indore, as is evident from Khasra Panchshala 1973 -74 (Annexure P/4) and revenue records upto 2013 -14 (Annexure P/4). One Vallabh Malviya son of Ganga Bishan Malviya, real brother of Rajesh Ganga Bishan Malviya (respondent No.4) on 27.3.1998, executed sale deed (Annexure P/5) in favour of his brother ­ Rajesh Malviya (respondent No.4.) in respect of 2900 sq. fts of Survey No.269, for a consideration of Rs.1,00,000/ -. On 27.3.2005 a corrigendum (amended deed) to the sale deed dated 27.9.1998 was executed by Shri Vallabh Malviya, in favour of respondent No.4 ­ Rajesh Malviya (Writ petitioner in W.P.No.5998/2014). By this amendment in place of survey No.269, Khajrana Kankad, Indore, the Survey No.264, village Palasiya Hana, Indore has been mentioned. Clause '', & '' ch" is sale deed (Annexure P/6) : -

(3.) On 31.12.2010 another corrigendum (amended deed) was executed by Shri Vallabh Malviya son of Ganga Bishan Malviya, in favour of Ratnesh @ Rajesh Malviya son of Vallabh Malviya, through power of attorney Sri Shri Vallabh Malviya son of Ganga Bishan Malviya. By this second amended deed, the number of survey land as well as name of the father of the respondent No.4 was also changed. Para 6 to 11 of the amended sale deed dated 31.12.2010, which has been executed after a period of more than 12 years from the original sale deed reads as under :