M/S Divya Tradex Pvt. Ltd. Through ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 13934 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        WP No. 20655 of 2023
                           (M/S DIVYA TRADEX PVT. LTD. THROUGH DIRECTOR LOKENDRA SINGH Vs THE STATE OF MADHYA
                                                            PRADESH AND OTHERS)

                          Dated : 24-08-2023
                                   Shri V.K. Jain, learned Senior Counsel with Shri Rishi Shrivastava,

                          learned counsel for the petitioner.
                                   Ms. Monisha Kasturi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission and interim relief. Issue notice to the respondent(s) on payment of Process fee by RAD

mode within seven working days, made returnable within four weeks, failing which, this petition shall stand dismissed without further reference to the Court.

Learned counsel for the petitioner submitted that prior to filing of this case, the respondent No.2 M.P. Wakf Board has already issued an order dated 06.06.2015 holding the petitioner to be encroacher. That order was challenged in the writ petition before this Court in W.P. No.5832/2015. Vide interim order dated 28.09.2015, the effect and operation of the impugned order dated 06.06.2015 was stayed. Thereafter, the respondents filed the application for

vacating stay on the ground that alternative remedy is available. Vide order dated 27.04.2016, the interim application for vacating stay was rejected confirming the stay granted on 28.09.2015. The respondents applying the judgment of the Apex Court in the case of Asian Resurfacing Of Road Agency vs Central Bureau Of Investigation[2020(4) JLJ 368 SC] proceeded with the matter and passed the order dated 03.08.2022(Annexure- P/12). Based on the aforesaid order, the impugned notice dated 31.07.2023(Annexure-P/1) has been issued asking the petitioner to appear and Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/24/2023 6:04:57 PM

vacate the premises.

In the meanwhile, the effect operation of the Notice dated 31.07.2023 shall remain stayed, till the next date of hearing.

Cc as per rules.

(S. A. DHARMADHIKARI) JUDGE

pn

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/24/2023 6:04:57 PM