A letter seeking adjournment on behalf of the Respondent/Complainant has been received from Mr. Mohan Chouksey,

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Advocate, on the ground that he has not been able to get reservation for travel to Delhi.  However, we find from the record that apart from the fact that on the last two dates Mr. Chouksey has been seeking adjournment on behalf of the Respondent on pretext or the other, but in the reply filed by the Complainant he has stated that he is unable to engage a counsel to represent him before this Commission.  He has however, filed a detailed reply to the Revision petition.

               In light of the stand of the Respondent, prayer for adjournment made by Mr. Chouksey is declined.

               Having heard learned senior counsel for the Petitioner and perused the reply filed by the Respondent, we are of the view that the directions issued by the State Commission by way of an interim order are unjustified, inasmuch as it tantamounts to granting the final relief prayed for in the complaint, which is still pending adjudication by the District Forum.   

               The prayer made by the Respondent in his complaint is that the Indore Development Authority, the petitioner herein, be directed not to register and transfer plot no.296 of Scheme no.91 till the final disposal of the case or in the alternative plot no.325 be allotted to him after removing the encroachments.  It is stated by the Learned Senior Counsel for the

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Petitioner that plot no.296 has already been allotted to a third person on 27.09.2011 and therefore, it cannot be now allotted to the complainant.  In so far as the question of allotment of alternative plot is concerned, the complaint before the District Forum is at a preliminary stage and has to be adjudicated after the parties have led evidence in support of their respective stands.  We are convinced that the State Commission has committed a material irregularity in issuing the impugned direction at this stage.

               Accordingly, the Revision Petition is allowed and the impugned order is set aside. 

          It is pointed out that the next date of hearing before the District Forum is fixed for 13.08.2014.  The District Forum shall proceed with the case expeditiously.