Indore (Madhya Pradesh): Indore Bench of Madhya Pradesh High Court on Thursday dismissed a writ petition filed by Hope Textiles Limited challenging the cancellation of its land lease by the collector, Indore.
The order, passed by Justice Pranay Verma, upheld the collector’s decision dated August 20 which had terminated the company’s lease. The company had approached the High Court contending that the collector’s order was ‘wholly illegal and without jurisdiction.’
However, the HC noted that the collector’s decision was a detailed and considered order passed after examining all facts and circumstances of the case.
Referring to a 2003 Revenue Department notification, the HC emphasised that the additional collector is the competent authority in matters relating to land allotment and therefore the order could not be termed without jurisdiction.
Importantly, the HC observed that the order was passed under Sections 181/182 of the MP Land Revenue Code, 1959, making it an original order appealable before the designated appellate authority.
Since alternative remedies were available and the case involved ‘disputed questions of fact,’ the court declined to interfere under writ jurisdiction. Dismissing the petition, the court granted liberty to the company to approach the appellate authority under the provisions of the Land Revenue Code.
