Nisar vs The Chairman Rajesh Sethia
2023 Latest Caselaw 811 MP

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                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT I N D O R E
                                                                     BEFORE
                                              HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                    ON THE 13th OF JANUARY, 2023
                                                    WRIT PETITION No. 1006 of 2023

                           BETWEEN:-
                           NISAR S/O MAMMUSHEIKH FAKIR, AGED ABOUT
                           43 YEARS, OCCUPATION: DRIVER, R/O GAROTH,
                           TEHSIL    GAROTH,   DISTRICT    MANDSAUR
                           (MADHYA PRADESH)
                                                                                                          .....PETITIONER
                           (MS. NEHA YADAV, LEARNED COUNSEL FOR THE PETITIONER.)

                           AND
                              THE CHAIRMAN RAJESH SETHIA, MUNICIPAL
                           1. COUNCIL   GAROTH,   TEHSIL   GAROTH,
                              MANDSAUR (MADHYA PRADESH)
                                 COLLECTOR, DISTRICT MANDSAUR (MADHYA
                           2.
                                 PRADESH)
                                 SHO, PS GAROTH, TEHSIL GAROTH, DISTRICT
                           3.
                                 MANDSAUR (MADHYA PRADESH)
                                                                                                      .....RESPONDENTS
                           (SHRI ADITYA GARG, LEARNED GOVERNMENT ADVOCATE FOR THE
                           RESPONDENT NO.2/STATE.)
                           --------------------------------------------------------------------------------------------------------
                                   This petition coming on for orders this day, the court passed the
                           following:

                                                                        ORDER

[1] The petitioner has filed this present petition seeking writ or direction against the respondents that they be restrained from conducting

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 18-01-2023 16:19:45

any demolition activity without giving any opportunity of hearing. [2] According to the petitioner, he is the owner of house gifted to him in the year 1965. One Munnalal Agrawal S/o Balmukund Agrawal was trying to evict him from the said house hence, he filed Regular Civil Appeal No.2A/2008 on 02.02.2005 and the said appeal has been decreed in his favour vide judgment dated 11.12.2007 however the said decree has been reversed by an Appellate Court vide judgment dated 06.01.2010 against which he preferred a Second Appeal No.156/2010 which is still pending. Now, in order to evict him from the property, Government Officers have demolished some part of the house therefore, in order to protect the house he has filed this present petition. [3] In support of his contention the petitioner has filed the photographs as Annexure P/4 and the copy of representation Annexure P/6 in which it is stated that the employees of Nagar Palika, Garoth along with Police and Engineer came to dismantle the house for the purpose of broadening the road.

[4] From the photographs it reflects that the encroachment on a road has only been demolished and there is no threat to demolish the entire house and if the petitioner is having any grievance against Munnalal, he can file an application for injunction in the pending Second Appeal. Hence, no case for interference is made out.

In view of the above, Writ Petition is dismissed.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 18-01-2023 16:19:45