Anshul Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 10599 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                  ON THE 11 th OF JULY, 2023
                                              WRIT PETITION No. 9730 of 2023

                          BETWEEN:-
                          ANSHUL AGRAWAL S/O SHRI RAMKUMAR AGRAWAL,
                          AGED ABOUT 31 YEARS, OCCUPATION: BUSINESS R/O
                          WARD NO. 4 SEONDHA DISTRICT DATIA (MADHYA
                          PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI R.K. SONI - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, URBAN DEVELOPMENT
                                DEPARTMENT, BHOPAL (MADHYA PRADESH)

                          2.    CHIEF    MUNICIPAL  OFFICER   MUNICIPAL
                                CO UN CI L SEONDHA DIST. DATIA (MADHYA
                                PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

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

                          following:
                                                               ORDER

1 . The instant petition under Article 226 of the Constitution is preferred by the petitioner seeking following reliefs:

"1- The respondent may kindly be directed to decide the pending application/complaint for removal of encroachment made in front of the shop of petitioner looking to the provision of section 223 of the M.P. Municipalities act 1961 within time bound period.

Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 13-Jul-23 10:50:04 AM

2- That, the cost of the litigation may also be awarded.

3- Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."

2. When learned counsel for the respondents/State referred judgment and decree dated 22-12-2021 passed by the Second District Judge, Seondha District Datia whereby the judgment and decree dated 20-12-2017 passed by the trial Court was set aside and respondents/defendants of the said litigation were permanently injuncted not to interfere into peaceful possession of the petitioner as plaintiff and therefore, according to learned counsel for the

respondents, petitioner has alternative remedy available to him, then learned counsel for the petitioner seeks withdrawal of this petition to pursue all his remedy as available to him in accordance with law including the remedy under the relevant statute - M.P. Municipalities Act, 1961.

3. Prayer noted.

4. Petition is dismissed as withdrawn with the liberty as aforesaid.

(ANAND PATHAK) JUDGE Anil*

Signature Not Verified Signed by: ANIL KUMAR CHAURASIYA Signing time: 13-Jul-23 10:50:04 AM