Ashok Shivhare vs The State Of Madhya Pradesh
2023 Latest Caselaw 12250 MP

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                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE ANAND PATHAK
                                           ON THE 1 st OF AUGUST, 2023
                                         WRIT PETITION No. 18655 of 2023

                         BETWEEN:-
                         ASHOK SHIVHARE S/O SHRI BHAROSILAL SHIVHARE,
                         AGED 58 YEARS, R/O PURANI COLONY BANMORE
                         MORENA (MADHYA PRADESH)

                                                                           .....PETITIONER
                         (BY SHRI S.K. SHRIVASTAVA- ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY, DEPARTMENT OF
                               HOME,    VALLABH BHAWAN BHOPAL MP
                               (MADHYA PRADESH)

                         2.    SMT MUNNI DEVI W/O LATE SHRI MOHAR
                               SINGH, AGED 65 YEARS, OCCUPATION- HOUSE
                               W I F E R/O SAXENA KA PURA, BANMORE,
                               DISTRICT MORENA (MADHYA PRADESH)

                         3.    SMT LAXMI KHARE W/O LATE SHRI VINOD
                               KHARE D/O MOHAR SINGH, AGED 45 YEARS,
                               OCCUPATION: PRIVATE SERVICE R/O SAXENA KA
                               PURA, BANMORE, DISTRICT MORENA (MADHYA
                               PRADESH)

                         4.    SUNDAR SINGH S/O LATE SHRI MOHAR SINGH,
                               AGED 36 YEARS, OCCUPATION LABOUR R/O
                               SAXENA KA PURA, BANMORE, DISTRICT
                               MORENA (MADHYA PRADESH)

                         5.    ASHA D/O LATE SHRI MOHAR SINGH, AGED 30
                               YEARS, OCCUPATION- LABOUR R/O SAXENA KA
                               PURA, BANMORE, DISTRICT MORENA (MADHYA
                               PRADESH)

                         6.    MUNICIPAL COUNCIL BANMORE, THROUGH
                               CHIEF     MUNICIPAL   OFFICER BANMORE,
                               DISTRICT MORENA (MADHYA PRADESH)
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 8/2/2023
11:47:26 AM
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                         7.    SUPERINTENDENT     OF    POLICE MORENA
                               DISTRICT MORENA (MADHYA PRADESH)

                         8.    STATION HOUSE OFFICER POLICE STATION
                               BANMORE,   DISTRICT MORENA (MADHYA
                               PRADESH)

                         9.    CO LLECTO R MORENA            DISTRICT      MORENA
                               (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                         (BY SHRI NILESH SINGH TOMAR- GOVERNMENT ADVOCATE FOR
                         RESPONDENT/STATE)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                              ORDER

Learned counsel for the petitioner referred judgement and decree passed by trial court vide judgment dated 16.01.2012 by First Appellate Court judgement and decree dated 21.09.2013 and judgement passed by this Court in the case of Second Appeal 467/2013 vide order dated 15.03.2023 and submitted that petitioner has judgment and decree in his favor in respect of declaration of permanent injunction, but he is being denied access to construct his house over the suit property which he already won through court proceedings. He relied upon the judgement of the Apex Court passed in the case of P.R. Murlidharan & Ors vs Swami Dharmananda Theertha Padar and others, 2006 4 SCC 501, and submitted that in such matters writ is maintainable. He also preferred a representation in this regard.

Learned counsel for respondent/State opposed the prayer and submitted that petitioner has alternative remedy available to him.

Heard counsel for the rival parties and perused the documents appended thereto.

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 8/2/2023 11:47:26 AM

Considering the rival submissions and looking to the nature of reliefs, it is in the interest of justice that petitioner may avail his other remedies as available to him in accordance with law including the remedy to approach the respondents.

Petition stands disposed of accordingly.

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 8/2/2023 11:47:26 AM