2023 Supreme(Online)(MP) 23638
HIGH COURT OF MADHYA PRADESH
Narayan Trustee Mangalya Mandir Trust Thr.Laxmikant Dwivedi – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 5374/2020
Hemendra Jain,Advocate General
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 13 OF JULY, 2023 WRIT PETITION No. 5374 of 2020 BETWEEN:-
NARAYAN SAI, TRUSTEE, MANGALYA MANDIR TRUST, AGED ABOUT 47 YEARS AND HAVING HIS RESIDENCE AT SANT SHRI NARAYAN PREM SAI ASHRAM, NEAR CENTAUR HOTEL INTERNATIONAL AIRPORT T-3 ROAD, SAMERAM TEMPLE, NANGAL DHEWAT, SOUTH WEST DELHI 110037 AND PRESENTLY LODGED IN LAJPORE CENTRAL PRISON SURAT (GUJARAT) THROUGH HIS CONSTITUENT ATTORNEY LAXMIKANT DWIVEDI .....PETITIONER (BY SHRI LAXMIKANT DWIVEDI - POWER OF ATTORNEY HOLDER ON BEHALF OF PETITIONER PRESENT IN PERSON)
AND
1. THE STATE OF MADHYA PRADESH COLLECTOR RATLAM (MADHYA PRADESH)
2. THE TEHSILDAR TEHSIL AND DIST RATLAM (MADHYA PRADESH)
3. LABOUR COMMISSIONER MOTI BUNGALOW, INDORE (MADHYA PRADESH)
4. BHANWARSINGH CHAUHAN SURAJPOLE, JALDHARI LANE, RATLAM (MADHYA PRADESH)
5. AKHIL DUBE 14, DUPLEX, SAMTA COLONY, OPPOSITE HOTEL COSMOS, RATLAM (MADHYA PRADESH)
6. YAGYADUTT SHARMA C-97, ALKAPURI, RATLAM (MADHYA PRADESH)
7. JAYANT VITAMINS SANYUKT TRADE UNION THROUGH ITS PRESIDENT 165, DHEERAJ SHAH NAGAR, RATLAM (MADHYA PRADESH)
Signature Not Verified Signed by: VARGHESE
8. HARISHCHANDRA MISHRA C/O BHANWARSINGH CHAUHAN JALDHARI LAE, SURAJPOLE, RATLAM (MADHYA PRADESH)
9. AJAY INDRAJIT THAKORE KAVITA BUILDING, 10TH FLOOR, NEAR FARIYAS HOTEL, ARTHUR BUNDER ROAD, COLABA, MUMBAI (MAHARASHTRA)
10. HEMENDRU V. MEHTA 21, JUPITAR APARTMENTS, AMNESTY ROAD, OFF ALTAMOUNT ROAD, MUMBAI (MAHARASHTRA)
11. DR. B.M. PAI, ADDRESS NOT KNOWN
12. KAUSHIK PATEL MANGALYA MANDIR, DHARMASHETRA, RATLAM (MADHYA PRADESH)
13. RAJIV MEHTA 1202, MIDTOWN APARTMENTS, B.G. KHER MARG, CAMPA COLA COMPLEX, WORLI, MUMBAI (MAHARASHTRA)
14. SUBHASH SHARMA 111, BAIJAN GOOM, KANDWALSIUH, DEV PRAYAG, UTTARAKHAND (UTTARAKHAND)
15. RAJESH KUMAR BHARATI B-53, LIC COLONY, KHANDWA (MADHYA PRADESH)
16. MUKESH PATEL OPPOSITE KUVA NO. 2, GANESH NAGAR, INDORE (MADHYA PRADESH)
17. PREM PRAKASH BATHAV H. NO. 54, OM BHAVAN, INDIRA NAGAR, RATLAM (MADHYA PRADESH)
18. CHARITY COMMISSIONER 3RD FLOOR, 83, DR.
ANNIE BESANT ROAD, WORLI, MUMBAI (MAHARASHTRA)
19. JAYANT VITAMINS LIMITED DOSIGAON, INDUSTRIAL AREA, RATLAM (MADHYA PRADESH)
20. SHRI M. GOPAL S/O SHRI SHRINIVAS, AGED ABOUT 71 YEARS, OCCUPATION - SHAREHOLDER IN JAYANT VITAMINS LTD.R/O 6, YASHODHA NAGAR, Signature Not Verified Signed by: VARGHESE JALAKUR PANTATION OPP. TO JALAKUR, BANGALORE 560 064 .....RESPONDENTS (SHRI MUKESH PARWAL - G.A. FOR RESPONDENT NO.1 TO 3, SHRI RAJESH KUMAR BATHAM - ADVOCATE FOR RESPONDENT NO.4 AND 6 AND ALSO FOR INTERVENOR ISHWARLAL AND SATISH DHAR VIDE I.A. NO.2542/2023 AND I.A. NO.2543/2023, SHRI ANAND NAGARKAR - ADVOCATE FOR RESPONDENT NO.5, SHRI PRASANNA J. MEHTA - ADVOCATE FOR RESPONDENT NO.7, NONE FOR OTHER RESPONDENTS)
(MS. ARCHANA KHER AND SACHIN PARMAR - ADVOCATES FOR THE PROPOSED INTERVENOR BHARTIYA DRUGS & CHEMICALS, SHRAMIK KARMACHARI PARISHAD, MS. MEENA CHAFEKAR AND SHRI AKSHAY KELAPURE - ADVOCATES FOR PROPOSED INTERVENORS GIRIRAJ JOSHI & 10 OTHERS (IA NO.4936/2023), SHRI VIJAY SINGH CHOUHAN - ADVOCATE FOR PROPOSED INTERVENORS AUCTION PURCHASERS MAHESHWARI SAMAJ JAN KALYAN SAMITI, ASHOK PIPADA, YASH KOCHAR, MANISH JAIN, D.P. VAYA).
This petition coming on for admission this day, the court passed the following:
ORDER
With the consent of all the parties, the matter is finally heard.
2. The present petition is filed by Narayan Sai, Trustee, Mangalya Mandir Trust, at present lodged in jail of Lajpore Central Prison, Surat (Gujarat) through his power of attorney holder Laxmikant Dwivedi seeking quashment of revenue recovery certificates cumulatively filed as Annexure P/10. A further direction has been sought to set aside and quash the auction proceedings, sale etc. taken place in furtherance of above five revenue recovery certificates. A prayer is also made that the respondents should not dispossess the Trust from the subject land without following the procedure of law. The petitioner claims to be one of the Trustees of one Man