IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN th ON THE 5 OF MARCH, 2024 WRIT PETITION No. 1591 of 2024 BETWEEN:-

1. PUSHPRAJ JAISWAL S/O HARISHANKAR JAISWAL, AGED ABOUT 42 YEARS, OCCUPATION: BUSINESS WARD NO. 6 NAGAR PARISHAD MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

2. RAHUL JAISWAL S/O HARISHNAKAR JAISWAL, AGED ABOUT 32 YEARS, OCCUPATION: BUSINESS R/O WARD NO.6 NAGAR PARISHAD MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

3. MST. KAMLA BAI W/O LATE SHRI SHYAMSUNDER JAISWAL, AGED ABOUT 65 YEARS, OCCUPATION: BUSINESS R/O WARD NO.6 NAGAR PARISHAD MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

4. AMRIT LAL S/O SHRI DWARIKA PRASAD JAISWAL, AGED ABOUT 35 YEARS, OCCUPATION: BUSINESS R/O WARD NO.6 NAGAR PARISHAD MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

5. KAMLA JAISWAL W/O SHRI KRISHNA KUMAR JAISWAL, AGED ABOUT 45 YEARS, OCCUPATION: BUSINESS R/O WARD NO.6 NAGAR PARISHAD MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

6. SHIV PRASAD JAISWAL S/O LATE BAIJNATH JAISWAL, AGED ABOUT 60 YEARS, OCCUPATION: BUSINESS R/O WARD NO.6 NAGAR PARISHAD MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

.....PETITIONERS (BY SHRI LALITENDRA PRATAP SINGH -ADVOCATE)

AND Signature Not Verified Signed by: ARVIND KUMAR

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY URBAN ADMINISTRATION AND DEVELOPMENT DEPATMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MUNICIPAL COUNSEL MAUGANJ DISTRICT MAUGANJ, THROUGH ITS CHIEF EXECUTIVE OFFICER DISTRICT MAUGANJ (MADHYA PRADESH)

3. NAGAR PARISHAD M AUGAN J DISTRICT MAUGANJ THROUGH ITS ADHYAKSH (MADHYA PRADESH)

4. JOINT DIRECTOR, URBAN ADMINISTRATION AND DEVELOPMENT DEPARTMENT DISTRICT REWA (MADHYA PRADESH)

5. COLLECTOR , DISTRICT MAUGANJ (MADHYA PRADESH)

6. S.D.O. (REVENUE) SUB DIVISION MAUGANJ DISTRICT MAUGANJ (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AJAY SHUKLA - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition has been filed challenging the orders dated 06.09.2023 (Annexure P/5) and 08.09.2023 (Annexure P/6). It is the case of the petitioners that earlier the petitioners were running shops in Gram Panchayat Mauganj and later on the Gram Panchayat was upgraded to Nagar Panchayat. The Nagar Panchayat passed a resolution on 23.05.2017 to demolish the entire Nagar Palika Building and the adjacent shops and entered into an agreement vide Annexure P/9 and P/10 to allot new shops in the newly constructed Nagar Palika Complex.

2. Learned counsel for the petitioners submits that though the petitioners Signature Not Verified Signed by: ARVIND KUMAR had deposited the amount as per the said agreement but Nagar Palika i.e. respondents No. 2 and 3 were not allotting the shops in newly constructed shopping complex in accordance with the said agreement. Thus, the petitioners had filed W.P. No. 26542/2022 and W.P. No. 859/2023 before this Court. The said petitions were decided vide order Annexure P/1 and P/2 and it was directed that the Joint Director, Urban Administration & Development Department shall consider the grievance of the petitioner by passing a detail reasoned and speaking order.

3. Learned counsel for the petitioners submits that thereafter the impugned orders Annexure P/5 and P/6 have been issued by Joint Director and the Joint Director has carved out elaborate manner by which the shops can be allotted to the petitioners. Learned counsel for the petitioners submits that the Joint Director has directed that the title of the land lies with the State and first the Municipal Council has to get title of the land by moving an application before the Collector and depositing required premium with the Collector. After this process is completed then the reserved price and lease rent be calculated as per Rule 6 of M.P. Municipalities (Transfer of Immovable Property) Rules, 2016 and then allotment be made as per Rule 10 of the said Rules.

4. Learned counsel for the petitioners submits that as the petitioners were ousted from the earlier shopping compl