Shantanu Kemkar, J.

1. This Intra Court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been directed against the order dated 31-7-2009 passed by Single Bench of this Court in W.P. No. 3921 of 2007.

2. That the Respondent-Company, ITC Limited, had filed a writ petition challenging the Resolution No. 369, dated 23-5-2007 passed by the Appellant-Municipality and also the demand raised through letter dated 24-5-2007.

3. Briefly stated, the Respondent had purchased land ad-measuring 4.164 Hectares vide registered sale deed dated 5-7-2005 so as to establish a Farmers Facility Center and Godown at Village Padliya Kala, Tehsil Nagda, District Ujjain. After getting the land mutated in its name an order of diversion was passed by the Competent Authority giving permission to the Respondent Company to use the land for commercial use. Thereafter, the requisite plan for construction on the said land was submitted to the Town and Country Planning Department of the State Government. The said plan was approved by the Town and Country Planning Department. Thereafter the Respondent submitted an application seeking permission from th