LAWS(MPH)-2023-3-5

DEVA ENTERPRISES Vs. STATE OF MADHYA PRADESH

Decided On March 06, 2023
Deva Enterprises Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) This petition has been filed by the petitioner under Article 226 of the Constitution of India.

(3.) Learned counsel for the petitioner submitted that the impugned order dtd. 24/02/2023(Annexure-P/3) which is an eviction order has been issued under Sec. 248(2) of the M.P. Land Revenue Code which provision is not in existence since 2011. Moreover, the land in question has been leased out in favour of the petitioner by M.P. Audyogik Kendra Vikas Nigam( in short .."M.P.A.K.V.N.), Indore Limited for a period of 30 years of which the lease is to expire in the year 2048. The petitioner has taken a huge loan to set up the factory. In fact, the dispute is between the District Industrial Centre and M.P.A.K.V.N., both being the instrumentality of the State. Instead of resolving the dispute themselves the have targeted the petitioner without there being any fault.