MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON RAJESH PANDEY V/S THE STATE OF MADHYA PRADESH AND OTHERS

JABALPUR, India, May 1 -- Madhya Pradesh High Court issued the following judgment/order on March 31:

1. Assailing the order dated 29.01.2026 passed in W.P.No.1371/2026 whereby the petition preferred by the appellant for allotment of the shop was dismissed, the present intra court appeal has been preferred by the appellant.

2. Issue notice.

3. Notice is accepted by learned counsel appearing on behalf of the respondent nos.1 and 2 and also by learned counsel appearing for the respondent no.3.

4. As short point is involved in the present case, with the consent of the parties, the arguments are heard for the purpose of final disposal of the appeal.

5. The appellant preferred the writ petition seeking direction to the respondent no.3 to allot a shop in the shopping complex constructed by the Nagar Parishad, Mauganj. As per the appellant, he constructed one shop in the area of Gram Panchayat, Mauganj and was earning from the same. Later on, the Gram Panchayat was converted into the Nagar Parishad and the appellant started to pay rent to the Nagar Parishad, Mauganj. Therefore, Nagar Parishad, Mauganj passed a resolution no.1 on 23.05.2017 and decided to demolish the entire Nagar Palika Building near Bus Stand and also the adjacent shops and to construct Nagar Palika Shoppping Complex there. In furtherance of the resolution, shop constructed by the appellant was demolished in the year 2017. No shop was allotted to the appellant and later on, the appellant shifted to the State of Chhattishgarh. The appellant came to know that one shop keeper, Pushpraj Jaiswal filed a Writ Petition no.26542/2022 (Pushpraj Jaiswal & Ors. Vs. State of M.P. & Ors.) which was allowed by order dated 22.11.2022 with a direction to Nagar Parishad, Mauganj to allot a shop in the newly constructed Nagar Palika Shopping Complex to the petitioner therein. Thereafter, the appellant preferred the subject petition W.P.No.1371/2026 seeking similar direction to the Nagar Parishad for allotment of one shop in the newly constructed shopping complex. Learned Single Judge after considering the facts of the case dismissed the petition by the impugned order dated 29.01.2026 on the ground that in the matter of Pushpraj Jaiswal (supra), an amount of Rs.1 lac was deposited at the time of execution of agreement by the shop keeper for allotment of shop in the newly constructed shopping complex whereas in the present matter, no such amount was deposited and no such agreement had been executed between the appellant and Nagar Parishad, as it was executed in the matter of Pushpraj Jaiswal. Further, learned Single Judge considered the fact that after a lapse of nine years, the appellant approached to the writ court seeking direction to decide the representation of the petitioner submitted on 31.10.2025 for allotment of the shop and as the petitioner has slept over the matter for nine years, no mandamus can be issued in favour of the petitioner. The said order is under challenge in the present intra court appeal.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2026/WA/512/WA_512_2026_FinalOrder_31-03-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.