ORDER

1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner praying for the following reliefs :--

“(a) The respondent may be directed to grant building permission to the petitioner society and to quash the communication dated 27.9.2023 (Annexure P/22) and 1.11.2023 (Annexure P/23) after accepting contention of the petitioner society as contained in their communications dated 19.9.2022 (Annexure P/15), 3.1.2023 (Annexure P/16), dated 07.2.2023 (Annexure P/17), 3.3.2023 (Annexure P/18) and 10.4.2023 (Annexure P/19), 13.7.2023 (Annexure P/21) and 1.11.2023 (Annexure P/23) within a specified time.

(b) The petitioner be awarded cost of the petition.

(c) Any other and further relief, as may be deemed fit may be granted to the petitioner.”

2. As per the petitioner it is a cooperative society registered under the provisions of M.P. Cooperative Societies Act, 1960. It is the Bhumiswami of land bearing servey No.5/1/1, 7/1, 9/1, 7/4/1, 8/1 total area 2.902 hectare, Village Goyalakhurd in Tulsi Nagar, Sanver Indore road in District Ujjain. The land had been purchased by it for allotment of plots to its members for which purpose it had obtained a colonizer license from the Collector, District Ujjain on 5.4.1983. The land had been got diverted by the petitioner on 2.4.1985 from the Sub Divisional Officer. In the year 1985 itself development of the land has been done by the petitioner. It had deposited an amount of Rs.15,500/- for sanction of plan and supervision charges to the tune of Rs.15,500/- on 3.3.1989. Thereafter Madhya Pradesh Nagar Palika (Registration of Colonizers) Terms and Conditions Rules, 1998 were framed, hence Colonizer Registration Certificate was also obtained by the petitioner on 6.3.2003.

3. Thereafter the petitioner wanted to develop the entire colony hence submitted application in that regard before the respondents on 12.3.2003. Lay out plan was got sanctioned from the office of Deputy Director, Town and Country Planning, Ujjain on 23.3.2005. Petitioner also deposited supervision fees of Rs.44,000/- on 21.4.2005. Mortgage deed of some plots was also executed by the petitioner in favour of the respondents. The land in question was subject matter of civil dispute which was decided on 20.10.2010 by the Trial Court and was thereafter subject matter of First Appeal No.965/2010 before this Court andthereafter before the spex Court which was finally decided on 4.9.2017 and 19.3.2018 respectively hence further process could not be taken by the respondents.

4. The elected body of the petitioner had been superseded and was under administrative control of the administrator appointed by Co-operative Department. Subsequently elections of the Board of Directors was done by M.P. State Cooperative Tribunal and the elected body was declared on 11.6.2022 and Smt. Kavita Jadhav was elected as the President of the society. On 7.4.2022 administrator of the petitioner society had written a letter to Joint Director, Town and Country Planning Department for renewal of the site plan which was sanctioned earlier on 23.3.2005 but the office of Joint Director informed the petitioner on 29.4.2022 that since development work has already been started upon the land in question, therefore under rule 23 (3) of M.P. Bhumi Vikas Rules, 2012 renewal of the site plan is not necessary.

5. The petitioner submitted a letter on 3.1.2023 to the respondents stating that since application for development has already been submitted on 19.9.2022 in furtherance of application dated 7.2.2023, therefore development permission be issued so that the colony may be fully developed. The same was followed by various reminder letters. Respondent No.2 sent reply to petitioner on 19.4.2023 stating that since petitioners' application was earlier and old it should submit a fresh application. The petitioner replied to the aforesaid letter on 13.7.2023 clarifying that each and every document has already been submitted and applica