Smt. Amita Vyas vs M.R.G. Infrastructure Pvt. Ltd.
2024 Latest Caselaw 14028 MP

Madhya Pradesh High Court

Smt. Amita Vyas vs M.R.G. Infrastructure Pvt. Ltd. on 13 May, 2024

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          SA No. 462 of 2019
                                       (SMT. AMITA VYAS Vs M.R.G. INFRASTRUCTURE PVT. LTD. AND OTHERS)

                           Dated : 13-05-2024
                                 Shri Sanjay Sarwate - Advocate for appellant.

                                 Shri Vinod Tiwari - Panel Lawyer for State.
                                 Shri Arvind Soni - Advocate for respondents.

Heard on IA No.16209 of 2022.

Learned counsel for appellant has submitted that learned Trial Court has

granted the decree of permanent injunction against the respondent not to interfere in the possession of the appellant. Taking the advantage of the judgment and decree passed by the First Appellate Court, respondent No.1 is trying to construct the road from plaintiff's land demolished the cement polls which belongs to appellant and prayed that the respondents be directed to restrain for interefering the possession of appellant and also from constructing any type of construction activities over the plaintiff's land.

Learned counsel for the respondent has submitted that no work is pending and as per the order Annexure A-1 passed in WP No.23648/2022

dated 29.08.2023, 12 meter road has already been constructed.

Heard the parties.

In the WP No.23648/2022, the appellant was not a party and learned counsel for the respondent failed to disclose that this fact was brought to the knowledge of Writ Court or not.

Looking to the facts and circumstances that Writ Court has directed to Collector Khandwa to decide the representation and remove the encroachment if found in the Government Land, thus the Writ Court has also not ordered to

construct the road above the appellant Land.

Hence, the IA No.16209/2022, looking to the facts discussed in the judgment and decree of the trial Court, is allowed and the respondents are directed not to interfere, encroachment, upon or construction over or disposes the appellant from the suit land.

List the case for final hearing in the month of August, 2024.

(DEVNARAYAN MISHRA) JUDGE DPS