IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 17 OF DECEMBER, 2025 WRIT PETITION No. 19802 of 2011 NIRAJ MAKKAR Versus JABALPUR DEVELOPMENT AUTHORITY AND OTHERS Appearance:

Ms. Ashmita Mukhopadhyay - Advocate for petitioner.

Ms. Sharon Agrawal - Advocate for respondents.

ORDER This petition has been filed assailing order dated 10.12.2010 passed by the respondent No.3-Estate Officer, Jabalpur Development Authority, Jabalpur, whereby the petitioner's application for allotment of Shops No.F-7 and F-8 at Vikas Nagar, Jabalpur was rejected.

2. It is the case of the petitioner that respondent No.1-Jabalpur Development Authority is a body constituted under the provisions of the Nagar Tatha Gram Nivesh Adhiniyam, 1973 for development of the urban area. Being a statutory body, it falls within the meaning of Article 12 of the Constitution of India as 'State' and is amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India. The Jabalpur Development Authority issued advertisement in the local newspaper notifying that amongst other shops 'Shop No.F-7 and F-8' are available for sale and interested buyers can make offers to purchase it. The petitioner applied for the same and deposited the prerequisite amount. The petitioner is the only applicant for those shops i.e. Shop No.F-7 and F-8 and the corresponding noting was made by the respondents regarding completion of all formalities by the petitioner. There was delay being caused by the respondents in allotment of the shops, the petitioner made inquiries from the respondent and he was apprised that one Suresh Kumar Andani filed a writ petition being WP No. 1092 of 2005 before this Court in which interim order restraining the allotment was passed. The aforesaid writ petition relates to Shop No.F-1/1.

3. It is submitted that the said writ petition is not with respect to allotment of petitioner's shops; therefore, he submitted an application before the respondents-authorities on 23.11.2011 pointing out the fact that on one hand the shops in question are not being allotted and on the other, the application filed under the Right to Information Act has not been decided. On 10.12.2010, the respondents intimated the petitioner that his application for allotment of shops in question has been rejected. Thereafter, the petitioner made applications followed by a legal notice to the respondents-authorities. The authorities neither replied to the petitioner's legal notice nor gave reply to his applications; on the contrary, they issued communication dated 29.03.2011 informing him to visit the office of respondents to collect the bank draft/cheque deposited along with the application.

4. It is argued that if the advertisement issued by the respondent-authority is seen then it reflects that the shops in question would be allotted on the basis of 'first come first serve'. The petitioner was only person who has filed application for allotment of shops in question but for the reasons best known to the respondents-authorities, they have rejected the application of the petitioner without assigning any reason. Therefore, interference is being sought by this Court in exercise of writ jurisdiction.

5. Counsel appearing for the petitioner filed an application for grant of ad-interim relief being I.A. No. 15395 of 2011 pointing out the fact that as the respondents-authorities initiated fresh NIT proceedings for allotment of shops in question i.e. Shop No.F-7 and F-8, Vikas Nagar, Jabalpur; on which this Court vide order dated 04.01.2012 passed an interim order observing that the tender proceedings may go on but nobody, whosoever is allotted Shops No.F-7 and F-8, will be delivered the possession of the said shops till further orders of this Court. However, on an application for vacating stay being I.A. No. 1373 of 2012, the said interim stay granted by this Court on 04.01.2012 was modified vide order dated 14.03.2012 to the extent that