Authority: Supreme Court of India
Order Date: 21 July 2026
Case Overview
- Petitioners: Ekkisvi Sadi Grih Nirmaan Sahakari Samiti filed Special Leave Petitions (C) No. 21106‑21107/2023 challenging the Division Bench judgment of the Madhya Pradesh High Court dated 27‑01‑2022.
- Respondents: State of Madhya Pradesh & others.
- High Court Background: The Division Bench modified the order dated 13‑12‑2019 (W.P. No. 19912/2019) and disposed of Writ Appeal No. 69/2020, holding:
1. The tripartite agreement dated 28‑12‑1997 illegal (prima facie findings).
2. The agreement dated 07‑06‑2019 between Kamal Singh and G.D.A. valid and binding.
3. The order dated 03‑09‑2019 upheld.
4. Direction to SPE Lokayukt to initiate proceedings and register FIR quashed; State directed to conduct detailed enquiry into officers’ role.
5. Registrar, M.P. Cooperative Societies to look into the housing society’s affairs under Section 59 of the Abhiniyam 1973.
- Supreme Court Observations: The Court noted that the High Court’s findings on the 28‑12‑1997 agreement were prima facie and that writ jurisdiction under Article 226 is summary, not suited for detailed factual inquiry.
- Petitioner’s Relief Sought: Liberty to approach appropriate legal remedy concerning the 28‑12‑1997 agreement and related incidental prayers.
- Interlocutory Applications: IA No. 80537/2024 (exemption from filing O.T.), IA No. 174247/2023 (exemption from filing O.T.), IA No. 80536/2024 (permission to file additional documents/facts/annexures).
- Counsel: For petitioner – Mr. Ravindra Shrivastava, Sr. Adv., and a team of advocates; for respondents – Ms. Manisha T. Karia, A.A.G., and a team of advocates.
Final Outcome
- The Supreme Court modifies the High Court judgment dated 27‑01‑2022, granting the petitioner liberty to pursue any remedy available under law regarding the 28‑12‑1997 agreement.
- All Special Leave Petitions are disposed of.
- Any pending interlocutory applications, if any, are also disposed of.
Topics: Legal Remedy, Cooperative Housing Dispute