W.P. No. 2414/1994 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Hon’ble Shri Justice A.K. Shrivastava W.P. No. 2414/1994 ....PETITIONER: Seth Madhu Sudandas Malpani s/o Late Seth Jagannathdas, R/o Hanumantal, JABALPUR (M.P.) -Versus- ....RESPONDENTS : 1. Municipal Corporation Through: Administrator, Jabalpur (M.P.) 2. Executive Engineer, Municipal Corporation, JABALPUR (M.P.) ------------------------------------------------------------------------------------- Shri Sheel Nagu, learned counsel for the petitioner. Shri Anshuman Singh, learned counsel for the respondents. ------------------------------------------------------------------------------------- O R D E R { 16-03-2011 } By this petition under Article 226 of the Constitution of India the petitioner has sought following reliefs: (I) The Court be pleased to issue writ of CERTIORARI and quash the impugned order dated 27.4.94, Annexure P-5 and order, dated 13.7.93, Annexure P-6. (II) Issue writ of Mandamus directing respondents to sanction petitioner's map, Annexure P-4, as per provisions of Act. (III) Any other writ/order.” 2. The contention of learned counsel for the petitioner is that the property was leased out by Municipal Corporation to W.P. No. 2414/1994 -2- Sheoprasad on 30.4.1929 for a period of 30 years and that period has already expired. Said Sheoprasad sold the property to one V.K. Sapre on 18.9.1929 and thereafter it was sold to the petitioner. The contention of learned counsel is that petitioner submitted an application before the Municipal Authorities to permit the petitioner to raise a new construction of the house because his house has become in dilapidated condition, however, said permission has not been granted to him. Further he has been directed to deposit the transfer fee along with compounding fee and other charges which has been termed as lease amount. 3. The contention of learned counsel for the petitioner is that matter can be settled if the petitioner submits fresh application seeking permission to raise the construction. 4. However, Shri Anushman Singh, learned counsel for the Corporation submits that this exercise has already been done by the petitioner and the permission has already been granted and he was permitted to raise the construction with a direction that he should deposit the amount as demanded by the Corporation. 5. On going through the order-sheet dated 1.3.1995 it is gathered that this Court has directed that if petitioner deposits half of the amount which has been demanded by the Corporation, he shall be allowed to proceed with the construction of the house. W.P. No. 2414/1994 -3- 6. In this view of the matter, this petition is disposed of by giving direction to petitioner to file necessary application to Commissioner, Municipal Corporation, Jabalpur to settle the matter by fixing the specific amount in accordance to the law which is to be deposited by the petitioner. If such an application is moved within a period of two weeks from today along with the certified copy of this order, the Commissioner shall settle the amount in accordance with law which would be required to be deposited by the petitioner. 7. The Commissioner is further directed to pay heed that the request was made in the year 1994 to give permission and thereafter necessary order may be passed. The petitioner may also submit necessary application for grant of permanent lease. 8. With the aforesaid observations this petition is disposed of. (A.K. SHRIVASTAVA) JUDGE S/