Judgment:
WP 3828.13 Writ Petition No.3828 o”
15. 03-2013 Shri S.
Gulatee, learned counsel for the petitioner.
Heard.
Order dated 16-01-2013 and proceeding under M.P.Lok Parisar (Bedakhali) Adhiniyam, 1974 (for short 1974 Act) is being assailed vide this petition.
By impugned order dated 16-01-2013 Stadium Construction Committee, Government Maharaja College, Chhatarpur, cancelled the transfer of shop No.16 in the name of petitioner on the ground that the transfer was obtained on the basis of forged signature and affidavit of his sister.
The shop in question was initially leased out to petitioner; however, in the year 2008, as recorded in the agreement dated 05-06-2008, the petitioner relinquished the lease hold right in subject shop in favour of his sister Smt.
Shama Khan, as the petitioner was unable to run the business.
Accordingly, subject shop stood transferred in the name of petitioner's sister, respondent No.6.
That on the basis of “Ikrarnama Nirasti Patra”.
dated 06-01-2011 and the affidavit allegedly sworn by respondent No.6 petitioner got the subject shop transferred in his favour.
That on 07-01-2013, respondent No.6 represented to the respondent/Authority that on forged documents the petitioner got the subject shop transferred in his favour.
WP 3828.13 An affidavit to that effect was also furnished.
Acting thereon, the respondents vide notice dated 07-01-2013 called upon the petitioner as to why the allotment of shop No.16 in his favour be not cancelled.
The notice stipulates : “nqdku ua- 16 ds lEca/k esa vkids }kjk fn;k x;k 'kiFk i= ftlesa Jhefr 'kek [kku dh QksVks ,oa gLrk{kj gSaA lfefr ds le{k izLrqr fd;k x;k Fkk].ftlesa vkids }kjk vius uke ukekUrj.k djus dk vuqjks/k fd;k x;k FkkA Md.nqdku ds lEca/k esa vkt fnukad 07-01-13 dks Jhefr 'kek [kku us Lo;a mifLFkr gksdj QthZ 'kiFk i= ds lEca/k esa fyf[kr f'kdk;r dh rFkk lfefr dks 'kiFk i= fn;k fd esjs HkkbZ bjQku [kku us nqdku ua- 16 dk QthZ 'kiFk i= nsdj QthZ gLrk{kj dj lfefr dks xqaejkg djds esjh nqdku vius uke jkf'k tek dj gLrkUrfjr djok yh gSA vr% esjh nqdku eq>s iqu% fnykus dh dk;Zokgh djsaA ;fn lfefr esjh nqdku fjDr ugha djkrh rks iqfyl esa ,Q- vkbZ- vkj- ntZ dj esjh nqdku fjDr djk;sa lfefr vkidks lwfpr djrh gS fd Md.laca/k esa vki dy fnukad 08-01-2013 dks dk;kZy; esa 12%30 cts (nksigj) mifLFkr gksdj leLr izdj.k ds laca/k esa lwfpr djsaA vU;Fkk lfefr dks ;g vf/kdkj gS fd og iz'kklu ds lg;ksx ls Md.nqdku [kkyh djk;sxhA”.
After considering the reply filed by the petitioner, Stadium Committee furnished its report on 15-01-2013 stipulating therein that the transfer being on the basis of affidavit said to be of Smt.
Shama Khan which she had categorically denied having signed, proposed for the cancellation of allotment in favour of petitioner and reallotment to Smt.
Shama Khan.
On the basis whereof the impugned order has been passed on 16-01-2013.
Though it is contended that incumbent it was on the part of respondents to have conducted a detail enquiry in respect of allegation of forgery.
But since the alleged WP 3828.13 author of the affidavit herself having denied the execution of said affidavit prima facie indicating element of committing forgery in the action by the petitioner, the respondents were well within their right in cancelling such allotment, after ascertaining the facts in an enquiry.
The petitioner, if aggrieved, to demolish the fact that the affidavit in question was not forged and was genuine is at liberty to bring a Civil action and prove the same by leading evidence.
But for the present since decision has been taken after giving notice to the petitioner and taking into consideration his reply the same cannot be faulted with, as the alleged author of the affidavit denied having executed the same and the petitioner has not questioned the denial.
As per the initiation of proceedings under 1974 Act, since the petitioner has no valid authority to occupy the public premises, the Authorities under the 1974 Act are justified in initiating action under section 4 (1) of the 1974 Act.
Having thus considered this Court does find any substance in the petition which fails and is dismissed.
(SANJAY YADAV) JUDGE sc