Judgement

THAKKAR, J. :- This appeal by special leave against the judgment of the High Court of Madhya Pradesh has been preferred possibly on account of some misconception and some misapprehension. The State appears to have been exercised in regard to the question whether the Municipal Corporation can sell open plots of lands which have been vested in it in trust for the "purposes of the M. P. Municipal Corporation Act". In fact, no such point has been decided by the High Court, much less decided against the view canvassed by the State Government. This will be clear from the following passage extracted from the judgment under appeal :-

"In this view of the matter, it is not necessary for us to go into the question of the extent of rights that were conferred under the various statutes relating to these properties on the petitioner, and the effect of subsequent enactments on those rights."

The High Court has in terms made it clear that the question as regards the rights conferred on the Corporation relating to these properties has not been examined. So also in para. 8 the High Court has observed that "the question about the extent of the rights of the Corporation is not necessary to be