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Madhya Pradesh High Court · body

2010 DIGILAW 720 (MP)

Sunil Yadav v. State of M. P.

2010-07-20

PIYUSH MATHUR

body2010
ORDER 1. The Municipal Council, Ganj Basoda has issued a notice on date 15.7.2010, by which the petitioner has been directed to remove the alleged encroachment within Twenty Four Hours, failing which, it is directed that the said encroachment shall be removed by the Municipal Council, Vidisha at the cost of petitioner. 2. The grievance of the petitioner is that petitioner is owner and title holder of the property, and possesses documentary evidence in respect of the property and a reply was filed by the petitioner before the respondent, but without considering the reply the respondent is proceeding further in the matter. 3. It is submitted that the respondent Nagar Palika Parishad may be directed to consider the reply of the petitioner and to pass a reasoned order after considering the reply and documentary evidence filed by the petitioner along with reply. 4. Shri Deepak Khot Government Advocate appearing on behalf of the respondent/State submits that a notice was issued by respondent No.3 to the petitioner for removal of the encroachment and respondent No.3 can take suitable steps in accordance with law. 5. Considering the fact that the dispute is in respect of immovable property to which petitioner is claiming title on the basis of documentary evidence, therefore, in this circumstance the matter deserves to be examined by the Chief Municipal Officer, Ganj Basoda after due consideration of the reply and the documentary evidence filed by the petitioner. 6. In view of the aforesaid, this matter deserves to be disposed of finally with following directions : 1. The petitioner may submit reply, if already not filed, within a period of seven working days from today supported by necessary documents, if any. 2. If, reply is filed as directed hereinabove the Chief Municipal Officer shall examine the case of the petitioner and after perusal of the reply and documentary evidence, shall pass a reasoned order in the matter and communicate the same to the petitioner. 3. If the respondent No.3, Nagar Palika Parishad find and decide to remove the encroachment alleged against the petitioner, the said order shall not be given effect to for a period of 15 days from the date of order, enabling the petitioner to approach the appropriate forum for redressal of the grievances. With the aforesaid directions, the petition is finally disposed of.