GAGAN KANOJIYA Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard on the question of admission.

(2.) One Shanti Lal Sharma, Rajendra Kumar and Devendra Kumar Khandelwal, purchased plot No.1 -A, situated at Anand Nagar ad -measuring 2075 sq.ft jointly, but the said plot was in triangular shape, hence with a view to make it a regular size plot adjoining plot to the said plot viz., plot No.47 -A, situated in scheme No.47 of IDA ad -measuring 1694.45 sq.ft was got allotted in the name of Devendra Kumar Khandelwal. A dispute arose between the parties and, therefore, they filed a civil suit No.46 -A/94, which was dismissed.

(3.) In first appeal, an application under Order 23 Rule 3 was filed without pointing out Rule 29 of M.P. Nagar Tatha Gram Nivesh Viksit Bhoomiyo, Griho, Bhavan Tatha Anya Sanrachanao Ka Vyayan Niyam, 1975 and, therefore, the said application was allowed and with the consent of the parties order dated 6.8.2010 was passed. Thereafter, they filed an application on 2.7.2013 (Annexure P/7), for sub -division of the plot and during pendency of the application, a writ petition was filed for issuance of writ of mandamus, directing the respondent ­ IDA to allow their application. The learned writ court considering the provision of Rule 29 of the Rules of 1975, passed the following order : -