DURGA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on admission.

(2.) A wrong statement alleged to have been made in an affidavit filed before Registrar, Public Trust cum Sub Divisional Officer, Jabalpur in a proceeding under Section 14 of the M.P. Public Trust Act, 1951 vide Annexure P/4 (10.3.2006) and Annexure P/5 (22.3.2006) leading to passing of the order dated 20.4.2006 whereby the permission has been granted to the applicant therein to sell 0.400 hectare of land being part of 0.796 hectare of Khasra No. 35/2 P.C 34 village Lamti is the cause for mandamus as sought in this writ petition under Article 226/227 of the Constitution of India that the "Hon'ble Court may be pleased to punish the Respondent No. 3 and 4 for filing false affidavits and any other relief that this Hon'ble Court deems fit and just may also be granted, or an appropriate writ/direction or order may be issued to the respondent No. 2 to enquire the matter again and may initiate proceedings under Section 340 of Cr.P.C. against the Respondent No. 3 and 4 and the order dated 20.4.2006 (Annexure P-6) may be declared a nullity being obtained by fraud."

(3.) GRIEVANCE of the petitioner is that, because of the wrong statement made by the applicants, i.e., respondent Nos. 3 and 4, permission was granted. It is urged that on the date when statement was made, a suit for declaration and injunction at the instance of respondent Nos. 3 and 4 and others was pending. It is urged that in the said suit instituted on 13.9.1989, the relief sought was for declaring the sale-deed dated 28.6.1988 executed by Bhuribai (since deceased) in favour of the petitioner herein as null and void.