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2024 Supreme(MP) 58

SUBODH ABHYANKAR
Devi Ahilya New Cloth Market Co. Ltd Thr. Managing Director Shri Hansraj Jain – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI V.K. JAIN, SENIOR ADVOCATE WITH MS. VAISHALI JAIN, ADVOCATE
For the Respondent:SHRI AMAY BAJAJ, P.L./G.A. FOR STATE AND SHRI AMOL SHRIVASTAVA, ADVOCATE FOR RESPONDENT NO.3/IMC)

ORDER :

Heard finally.

2. This order shall also govern the disposal of the other connected writ petitions as a common question of law is involved. For the sake of convenience, the facts as narrated in W.P. No.19332 of 2021 are being taken into consideration.

3. This petition has been filed by Devi Ahilya New Cloth Market Company Limited, a Company registered under Section 25 of the COMPANIES ACT , 1956. The Company was registered on 28/02/1999 for the purposes of developing a colony for its shareholders and members and to sell the same to them.

4. So far as the facts of the case are concerned, the petitioner Company sought to develop a colony as New Cloth Market at village Tejpur Gadbadi, Indore comprising of Survey Nos.117, 118/2, 119, 120/2, 121/2, 124/1/2, 125/2, 127/2, 128/2, 129/2, 130, 131, 132/1 and 133, in all admeasuring 46.30 acres. This land was reserved for commercial purposes in the Master Plan.

5. The case of the petitioner is that 1139 cloth traders of Indore formed the aforesaid Company for the said purpose of developing a colony, for which, the petitioner Company


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