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2024 Supreme(MP) 199

SUJOY PAUL, VIVEK JAIN
Akhilesh Kumar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Paresh Pareek for petitioners; Ayush Dev Bajpai,
Government Advocate for respondents No. 1 to 3/State;
Amrit Lal Gupta for respondents No. 4 and 5.

ORDER

1. The present petition has been filed by the petitioners, who are allottees of shops, which were allotted to them by Gram Panchayat, Bahoriband, District Katni. The present petition seeks to challenge the order dated 7.9.2022 (Annexure P-1) and order dated 26.5.2023 (Annexure P-2). By the order Annexure P-1, the competent authority under M.P. Lok Parisar Bedakhali Adhiniyam, 1974 (for short referred to as ‘Adhiniyam 1974) has ordered eviction the petitioners from the shops by exercising powers under section 5 of the said Adhiniyam, while by the order Annexure P-2, the appellate authority under the said Adhiniyam has rejected the appeal of the petitioners.

2. Learned counsel for the petitioners while assailing the orders Annexure P-1 and P-2 has stated that certain shops were constructed by Gram Panchayat, Bahoriband (respondent No.6) and after such construction, the shops were allotted to the present petitioners by the Gram Panchayat and the allotment was on lease with monthly rent. The lease was of 35 months and contained a renewal clause after expiry of 35 months period with 10% increase of monthly rent. Learned counsel for the petitioners has submitted that the eviction o

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