Shailesh Jain vs The Municipal Corporation
2023 Latest Caselaw 7464 MP

                                     1
  IN       THE       HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                               BEFORE
                 HON'BLE SMT. JUSTICE NANDITA DUBEY
                           ON THE 8 th OF MAY, 2023
                      WRIT PETITION No. 21210 of 2022

BETWEEN:-
SHAILESH JAIN S/O LATE DHANYAKUMAR JAIN, AGED
ABOUT 54 YEARS, OCCUPATION: BUSINESS R/O
KANKANE SCHOOL SQUARE JALPA DEVI WARD NO. 8
GHANTAGHAR      ROAD    KATNI PRESENTLY R/O
RAGHUNATHGANJ NEAR SUBHASH CHOWK KATNI
(MP)

                                                               .....PETITIONER
(BY MS. SUDIPTA CHOUBEY-ADVOCATE)

AND
1.THE MUNICIPAL CORPORATION THROUGH ITS
COMMISSIONER     DISTRICT     KATNI (MADHYA
PRADESH)
2. ADM, COLLECTOR, KATNI (MP)

                                                            .....RESPONDENTS
(BY SHRI MANOJ KUSHWAHA-ADVOCATE)

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

following:
                                      ORDER

Learned counsel for the petitioner submits that the matter is urgent, however by mistake ADM, Katni has not been made a party to the same, and oral prayer is made in the Court that she may be permitted to implead the ADM, Katni as a party/respondent No.2.

Oral prayer is accepted and allowed.

Petitioner is directed to make the necessary amendment in the Court itself.

Petitioner has filed this petition aggrieved by the inaction on the part of the respondents, whereby despite giving notices for removal of construction, as the same has been declared unsafe for human habitation, no action has been taken to pull it down.

Learned counsel for the Municipal Corporation has stated that the tenant in the premises has filed the case No.0055/B-121/2022-2023 before the Additional Collector, Katni and vide order dated 23.8.2022 the Additional Collector, Katni has granted interim protection to the tenant. It is stated that in view of the interim protection granted by the Additional Collector, Katni vide order dated 23.8.2022 in case No.0055/B-121/2022-2023, the Municipal

Corporation cannot take any action against the building in question.

A perusal of the order dated 23.8.2022 (Annexure P-8) passed by the Additional Collector, Katni shows that the petitioner has been issued notice and interim protection has been granted to the tenant, who has filed the case before the Collector for maintaining status quo with regard to the property in question.

Since the matter is already pending for adjudication before the Additional Collector, Katni, this petition is not maintainable, and the petitioner is directed to place all the documents like the engineer's report, notice of the Municipal Corporation etc. and the judgment on which she is relying before the concerned authority for early decision of the matter.

The petitioner apprehends that in case if the matter is not decided early and in the rainy reason if the building in question falls down being in dilapidated condition, all the responsibilities come on the petitioner.

Considering the apprehension of the petitioner, the respondent No.2/ADM, Katni is directed to decide the pending case No. No.0055/B-

121/2022-2023 within a period of six weeks from the date of receipt of certified copy of this order passed today.

It is made clear that this Court has not opined on the merits of the case. Accordingly, petition stands disposed of.

Digitally signed by MANZOOR (NANDITA DUBEY) AHMED JUDGE Ansari 16:53:26 +05'30' Date: 2023.05.08