- (1.) Delay condoned in S.L.P.(C) No. 35734 of 2009
(2.) Being aggrieved by the final order dated 26.09.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 5469 of 2008 setting aside the order dated 15.04.2008 passed by the Nazul Officer rejecting the 1 application moved by the Respondent-Nerbudda Valley Refrigerated Products Company Pvt. Ltd. (hereinafter referred to as "the Company") for the grant of No Objection Certificate (NOC) to raise constructions on the leased land after changing the land use from industrial purpose to commercial purpose, the State of Madhya Pradesh has filed appeal arising out of S.L.P.(C) No. 35734 of 2009. Pursuant to the order of the High Court, the respondent- Company alleging that though the Nazul Officer passed an order, has not granted NOC and disposed of the same not in accordance with the Circular of the State Government, filed a Contempt Petition (C) 173 of 2009 before the High Court. By order dated 13.10.2009, the High Court after finding that the Nazul Officer has dealt with the matter beyond the Circular dated 14.02.1966 of the State Government and not followed its earlier order, directed him to personally present before the Court on 27.10.2009 to explain his "misconduct" in passing such order. Questioning the said order, the State of Madhya Pradesh has also filed SLP (C) 35732 of 2009. Since both the orders of the High Court relate to the same issue, these appeals are being disposed of by this judgment.
(3.) Heard Mr. Ravindra Shrivastav, learned senior counsel for the appellant and Mr. S. Gopakumaran Nair, learned senior counsel for the respondent.;