( 1 ) THIS petition has been filed by the Municipal Corporation, Indore, challenging the orders of Collector, Indore, and Commissioner, Indore Division, directing that open pieces of land within the limits of the Indore Municipal Corporation shall be managed by the Nazul Officer.

( 2 ) IN this petition, the petitioner contends that the Indore Municipal Corporation is constituted in accordance with Section 7 of the Madhya Pradesh Municipal corporation Act, 1956, and is under the provisions of that Act a legal person. It is alleged that initially the Indore municipality was constituted under the Indore municipality Act, 1909. Under this Act, all the open lands within the limits of the Indore municipality vested in the municipality and were under its management. According to the petitioner, this was provided for in Section 36 of the Indore Act. By virtue of that provision, the Indore municipality was managing the open lands by leasing them out and issuing licences under the bye-laws. It is also submitted that under the Indore Act the Holkar State Government had framed rules and byelaws for the management of these open lands within the municipal limits by the municipality, and