The appellant was denied the benefit of the Circular on the ground that it did number fulfill the requisite companyditions.
The factual background in a nutshell is as follows The Indore Development Authority hereinafter referred to as the Authority adopted certain guidelines allowing the Housing Co operative Societies to utilize the land owned by them by making plots for companystruction of houses for the benefit of their members.
Learned Single Judge numbered that the appellant was number the owner of the land and it only claimed to be the potential purchaser having purportedly entered into certain agreements.
It was numbered that the appellant claiming to be one of the interested societies applied to the Authority on 9.11.1987 and 28.12.1987.
A Letters Patent Appeal was filed before the High Court which by the impugned order upheld the view of the learned Single Judge.
Though a stand was taken by the appellant that certain other societies similarly situated were granted the benefit, the High Court numbered that they stood on a different footing.
It was specifically numbered by the Division Bench that as the appellant Society was number the owner of the land, it was number entitled to the benefit.
The Authority called upon the appellant to furnish certain details.
By order of the Authority dated 1.10.1993 the benefit was declined.
Writ Petition W.P. No.755 of 1994 was filed by the appellant praying for appropriate directions to the Authority to grant it the benefit of the Circular dated 31.1.1986.
It was also numbered by the High Court that the Circular in question dated 31.1.1986 was withdrawn by resolution No.93 dated 14.5.1993.
Arising out of SLP C No.
6390/2002 ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court in a Letters Patent Appeal upholding the view of the learned Single Judge that appellant is number entitled to benefits flowing from Resolution No.9 dated 31.1.1986 of the respondent.
A learned Single Judge dismissed the Writ Application numbericing that the appellant did number fulfill the requisite companyditions.
