GOPAL SODANI Vs. MUNICIPAL COUNCIL, MANASA

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by resolution dated 18.9.2017 and order dated 1.3.2018 passed by Chief Municipal Officer of, Municipal Council, Manasa, District Neemuch.

(2.) Facts of the case, in short, are that the Municipal Council, Manasa allotted shop No.1 situated at Ground Floor of the building constructed by Municipal Council, Manasa, to one Ramesh Samdani after due auction proceedings held in the year 1965-66. A registered lease-deed was executed between them. Thereafter, by an agreement dated 30.10.1978, Ramesh Samdani gave half Southern part of the shop to Arjun Samdani. Later on, a written agreement was also executed between them on 24.2.1985. In pursuant to the aforesaid agreement, Arjun Samdani applied for transfer of the said half portion of the shop and consequently, a lease-deed dated 10.4.1989 was executed in favour of Arjun Samdani in respect of said half portion of shop No.1 by Municipal Council. The Chief Municipal Officer vide Certificate dated 1.12.1999 has certified that the name of Arjun Samdani has been mutated in the record.

(3.) According to the petitioner, Arjun Samdani has sold leasehold rights of the said shop to him and thereafter, he filed an application dated 3.7.2014 before the respondent. The application of the petitioner was considered by the Municipal Council and vide Resolution No.1038 dated 22.7.2014 it was decided to mutate the said shop No.2 in the name of the petitioner in the Municipal record. Later on, the respondent Council decided to reconstruct the entire building, therefore, notice was issued to the present petitioner to vacate the shop in question. The petitioner has agreed to vacate the shop and an agreement dated 17.8.2016 to the said effect was executed between the petitioner and Municipal Council with a condition that after reconstruction of the building, the possession of one shop will be handed over to him within 15 months. Said agreement was also got registered by the petitioner.