IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 10 OF MAY, 2024 WRIT PETITION No. 12321 of 2024 BETWEEN:-

1. SHERU KHAN S/O LATE SHRI CHHOTE KHAN, AGED ABOUT 54 YEARS, OCCUPATION: BUSINESS R/O A.B. ROAD, SUBHAS NAGAR, LASHKAR DISTRICT GWALIOR (MADHYA PRADESH)

2. RAJU GUPTA S/O LATE SHRI BABULAL GUPTA, AGED ABOUT 52 YEARS, OCCUPATION: BUSINESS R/O KADAM SAHAB KA BADA JANAKGANJ LASHKAR GWALIOR (MADHYA PRADESH)

.....PETITIONERS (BY SHRI R.K. SONI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. REGIONAL DIRECTOR M.P INDUSTRIAL DEVELOPMENT CORPORATION LIMITED GOVT OF M.P R/O UNDERTAKING OFFICE IIDC PLAZA 39 CITY CENTER DISTT GWALIOR (MADHYA PRADESH)

3. M/S AMAR FORGING PVT LTD THROUGH DIRECTOR SMT KARUNA NIZARA W/O S.K NIZARA R/O G-1 RAJNIGANDHA ENCLAVE GOLE KA MANDIR DISTT GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI M.S. JADON - GOVERNMENT ADVOCATE)

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

Signature Not Verified Signed by: NEETU

ORDER

The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:-

"1. That, the respondent No.2 be directed to allow the opportunity t6o the petitioner to resolve the matter and till such decision on Annexure P/1 the respondent No.2 further be directed not to transfer the plot No.56-C situated in Banmore industrial Area District Morena in the interest of justice.

2. That, the cost of the litigation may also be awarded.

3. Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."

2. Counsel for the petitioner has submitted that the present petition is being filed against the inaction on the part of respondents No.1 and 2 with regard to transfer of the lease of the plot in question, as the respondent No.3 from whom the petitioner had agreed to take one plot situated in Industrial Area Banmore No.56-C, for which certain amount had also been taken from the petitioners, but respondent No.3 wants to transfer/sale the said plot to some other person, therefore, the petitioner has filed the complaint before the respondent no.2, which is pending before the respondent No.2.

3. Hence, a limited prayer has been made by counsel for the petitioner's that if the respondent No.2 i.e. Regional Director, M.P. Industrial Development Corporation Limited is directed to take appropriate decision in the matter with regard to grievance of the petitioner in accordance with law in a time bound manner, their grievance would be redressed.

4. Per contra, learned counsel appearing on behalf of respondents/State submits that if such directions are issued, he has no objection.

5. After hearing learned counsel for the parties and looking to the limited prayer made by the counsel for the petitioner, the petition is disposed of with a direction to respondent No.2 i.e. Regional Director, M.P. Industrial Signature Not Verified Signed by: NEETU Development Corporation Limited to take note of grievance of the petitioner and take appropriate decision in the matter in accordance with law.

6. With the aforesaid direction, petition is disposed of.

7. It is made clear that this Court has not expressed any opinion on the merits of the case.

E-copy/certified copy as per rules.

(MILIND RAMESH PHADKE)

JUDGE neetu Signature Not Verified Signed by: NEETU