LEGAL REPRESENTATIVES Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this writ appeal against the order dated 26/09/2019 passed in W.P. No.7448/2016 whereby the learned Single Judge dismissed the writ petition preferred by the appellant.

(2.) Short facts of the case are that a writ petition has been filed by the appellant seeking quashment of the order dated 01/11/2016 whereby the Government land has been allotted to M.P. Paschim Kshetra Vidut Vitran Co. Ltd. having area of 2500 sq. mt. situated at survey No.235 at Village-Nanakheda, Tehsil and District-Ujjain. The said writ petition has been filed on the ground that Government land having total area of 345 hectares (approximately 35000 sq.mt.), out of this 35000 sq.mt., 15960 sq.ft. of land was allotted to one Rajkumar S/o Pandit Mangal Kishore Bhargav vide lease deed dated 23/08/1967. The lease was granted for a period of 30 years. The period was completed on 31/03/1997. As the appellant has not submitted any application for renewal of the lease, therefore lease cancellation notice was served on the lessee on 06/11/1997.

(3.) Learned counsel for the appellant submits that the order passed by learned Single Judge is illegal. She submits that learned Single Judge has not appreciated the documents which were produced alongwith petition. She further submits that learned Single Judge has dismissed the writ petition on the ground that lease granted in favour of the appellant has already expired. She also states that appellant has filed an application for renewal of the lease before the Writ Court and these documents were not at all considered by the learned Court while passing the impugned order. It is submitted that appellant could not file the application under Order XXXIX Rule 1 and 2 of CPC on the ground that the respondents were not made party in the second appeal and prays that order passed by the learned Single Judge be set-aside and writ appeal be allowed.