HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
Writ Petition No.28741/2003
Shivaji Complex Residents' Association.......................... Petitioner
Versus
Municipal Corporation, Singrauli and others.....................Respondents
For the petitioner : Shri R.K.Samaiya and Shri Shailendra Samaiya,
Advocates
For the respondents : Smt.Shobha Menon, Senior Counsel with
No.1 & 2 Shri Rahul Choubey, Advocate
For the respondent : Shri Kumaresh Pathak, Deputy Advocate General
No.3
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Present: Hon'ble The Chief Justice Shri S.R.Alam
Hon'ble Shri Justice Alok Aradhe
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ORDER
(09.08.2010)
As per Alok Aradhe,J:
In this petition the petitioner, which is an association of residents of Shivaji
Complex situate in Singrauli, a registered society under the provisions of M.P. Society
Registrikran Adhiniyam, 1973 has challenged the validity of the resolution dated
17.4.2003 passed by Municipal Corporation, Singrauli, by which it has been resolved to
auction flats situate in Shivaji Complex, Navjeevan Vihar, Singrauli.
2 During the pendency of the instant writ petition, a fresh resolution was passed by
the Municipal Corporation, Singrauli on 18.6.2009 by which it was resolved to auction
the flats in question and the upset price in respect of flats in question was fixed at
Rs.1.65 lacs in respect of each flat. Pursuant to the aforesaid resolution, passed by the
Municipal Corporation, Singrauli, auction has already been held on 03.3.2010. The
petitioners have challenged the validity of resolution dated 18.6.2009 by filing a public
interest litigation in W.P.No.9443/2009 (PIL) which has already been decided by us by
a separate order passed today.
3. However, the petitioners have neither amended the writ petition in view of the
subsequent events which have taken place during the pendency of the writ petition nor
have challenged the validity of resolution dated 18.6.2010 and the auction which has
already been held on 03.3.2010.
4. For the aforementioned reasons, the instant writ petition has been rendered
infructuous. Accordingly, the same is hereby dismissed.
(S.R.Alam) (Alok Aradhe)
Chief Justice Judge
RM .