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2023 Supreme(MP) 914

SANJAY DWIVEDI
Rajmata (Bharat Mata) Shiksha Evam Samaj Sewa Samiti, Bhopal – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Brian D'Silva with Abhijeet Awasthi for petitioner; Puneet Shroti, Government Advocate for respondents No. 1 and 2/State; Tabrej Sheikh for respondents No. 3 and 4; Kapil Duggal for respondent No. 5; Ajay Gupta with Rajiv Mishra and Shantanu Saxena for interveners.

ORDER

1. With the consent of learned counsel for the parties, the matter was heard finally on 20.9.2023 and today the order is being pronounced.

2. This petition has been filed under Article 226 of the Constitution of India challenging the order dated 18.1.2023 (AnnexureP/14) passed by respondent No.3.

3. To unravel the controversy, the necessary facts in compendium are that the petitioner is a Society registered under the M.P. Societies Registration Act, 1973. The respondents are also the State as provided under Article 12 of the Constitution of India and as such amenable to writ jurisdiction. The petitioner-Society purchased a plot bearing No.B-7/51 situated at Shahpura District Bhopal and as such got demarcated by respondent No.5/Bhopal Development Authority (in short “BDA”). The demarcation certificate was issued on 25.11.1999 (Annexure-P/2). The petitioner-Society wanted to open a School for imparting primary education and as such, applied for sanction. Respondent No.1 vide order dated 15.3.2004 granted sanction to the petitioner-Society. BDA has also granted lease to the petitioner-Society for building purpose vide lease-deed of year 2008. The possession certificate was also i

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