MUNICIPAL CORPORATION, BHOPAL Vs. MOHD. YUNUS

JUDGEMENT

(1.) THIS order shall govern the final disposal of Writ Petition No. 12550 of 2007, Municipal Corporation, Bhopal v. Aziz Ahmed because the issue involved in both the petitions is the same.

(2.) THE suit was decreed in favour of the Respondent vide judgment dated 22 -9 -2001 and decree was to the following effect:

(3.) THE case of the Petitioner is that it has no legal authority and jurisdiction to transfer any immovable property, owned by it and vested, to any individual without resorting the provisions contained under the Rules of 1994. It is contended that in compliance of the judgment and decree dated 22 -9 -2001 the Petitioner/Municipal Corporation resolved to allot a plot of 15 x 15 sq. ft. to Respondent on lease on 2 -11 -2002. However, when the said proposal was sent for its approval to the State Government, the State Government rejected the same by its order dated 25 -2 -2004. It is further contended that the aforesaid order dated 25 -2 -2004 was subjected to challenge before this Court in Writ Petition No. 2317/05, wherein, this Court by order dated 30 -7 -2005, Annexure -P/3, remitted the matter to the State Government and the State Government, in compliance of the order dated 30 -7 -2005, re -examined the matter and rejected the allotment proposed by the Municipal Corporation by its order dated 31 -1 -2007. It is further urged on behalf of the Petitioner/judgment debtor that despite of the rejection of the proposal of the Municipal Corporation by the State Government the Petitioner, in compliance of the judgment and decree passed by the trial Court, has given liberty to the Respondent to file an application, however, by order dated 25 -11 -2007 the Respondent/decree holders' representation was rejected on the ground that they will have to adhere to the procedure as prescribed under the Rules of 1994, which provide for transfer of immovable property by holding a public auction or by inviting offers in sealed cover. It is further contended that the decree, which was passed against the Petitioner/judgment debtor; was to the effect that the allotment of plot to the Respondent -decree holder was subject to availability and since the Petitioner/Municipal Corporation made efforts to allot the plot to the Respondent which could not be fructified, therefore, it was urged by way of an application under Section 151, Code of Civil Procedure filed before the Executing Court to dismiss the pending execution case because of the impossibility of its execution. It is on the anvil of these facts that the Petitioner has sought the following relief in the present petition filed under Article 227 of the Constitution of India: -