Pir Mohammad vs The State Of Madhya Pradesh
2022 Latest Caselaw 10062 MP

                                                    1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 21st OF JULY, 2022

                                      WRIT PETITION No. 15933 of 2022

                           Between:-
                1.         PIR MOHAMMAD S/O NOOR MOHAMMAD ,
                           AGED ABOUT 75 YEARS, OCCUPATION: NIL
                           WARD   NO.  1  OPPOSITE BUS    STAND
                           BHIKANGAON DISTRICT KHARGONE (MADHYA
                           PRADESH)

                2.         HASINA BI W/O PIR MOHAMMAD , AGED
                           ABOUT 65 YEARS, OCCUPATION: NIL R/O WARD
                           NO. 1 OPPOSITE BUS STAND BHIKANGAON
                           (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI AYUSH AGRAWAL, LEARNED COUNSEL)

                           AND

                1.         THE STATE OF MADHYA PRADESH THROUGH
                           COLLECTOR KHARGONE (MADHYA PRADESH)

                2.         ASSISTANT DIRECTOR TOWN AND COUNTRY
                           PLANNING KHARGONE (MADHYA PRADESH)

                3.         SUB   DIVISIONAL   OFFICER  (REVENUE)
                           BHIKANGAON TEHSIL BHIKANGAON (MADHYA
                           PRADESH)

                4.         NAGAR    PARISHAD    THROUHG    CHIEF
                           MUNICIPAL OFFICER BHIKANGAON (MADHYA
                           PRADESH)

                                                                             .....RESPONDENTS

(SHRI VISHAL SANOTHIYA, LEARNED GOVT. ADVOCATE FOR THE RESPONDENTS/STATE)

T h is petition coming on for orders this day, t h e cou rt passed the Signature Not Verified following:

Signed by: SOUMYA
RANJAN DALAI
Signing time: 7/22/2022
10:10:48 AM                                          ORDER

The present petition is filed being aggrieved by the show cause notice dated 09.05.2022 issued by the Collector, Khargone whereby the petitioner was noticed regarding illegal development of the colony of land bearing Survey No. 24/1/1, 24/1/3/1, 24/32, area 1.06, 0.439, 0.303 without taking necessary permission.

Counsel for the State raises preliminary objection that the present petition is filed only against the show cause notice and the petitioner ought to have approached the authority, who had issued the show cause notice before filing the writ petition under Article 226 of the Constitution of India.

In view of the judgment passed by Supreme Court in the matter of Spl.

Director Vs. Mohd. Gulam Ghouse, (2004) 3 SCC 440, the present petition is not entertained against the show-cause notice. However, the liberty is granted to the petitioner to file reply along with the requisite documents before the respondent/collector, Khargone, who shall consider and decide the matter after considering the reply filed by the petitioner in accordance with the law before taking any further action in the matter.

With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 7/22/2022 10:10:48 AM