SAIDA BI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the Petitioner Smt. Saida Bi who is not aggrieved by any particular order passed by the Respondents-State but has been filed the petition seeking exemplary damages to the tune of rupees sixty lakhs against an alleged tort of misfeasance in public office committed by the Respondents.

(2.) The brief facts of this case are as follows. Plot No.39, bearing Khasra No.105, situated at PNB Colony, Idgah Hills, Bhopal, belonging to one Shahjahan Iqbal was auctioned by the Respondents on 13/07/87 for recovering arrears of sales tax outstanding against her firm. The Petitioner's husband participated in the said auction and was the successful bidder. However, on account of his demise, a sale certificate was executed in favour of the Petitioner by the Collector, Bhopal, on 13/08/87.

(3.) The original owner of the land Smt. Shahjahan Iqbal challenged the aforesaid sale by auction in a civil suit bearing No.15-A/1988 which was dismissed by the learned trial court by judgment and decree dated 05/02/07. Against the aforesaid order passed by the trial court, Smt. Shahjahan Iqbal challenged the sale before this court in First Appeal No.230/2007. The appeal was allowed by this court by its judgment and decree dated 04/07/13. Against the said order passed by this court, the State preferred a Special Leave Petition before the Supreme Court, which was ultimately dismissed on 14/11/17.