Vikas Saklecha v. Principal Secretary State of M. P.
2014-04-10
JARAT KUMAR JAIN, SHANTANU KEMKAR
body2014
DigiLaw.ai
Judgment: With consent heard finally. 2. By filing this petition in the nature of public interest litigation, the petitioners have alleged the inaction against the respondents No.2 to 4 in not stopping raising of the construction of the permanent structure of late Shri Sharad Bhatnagar at Sogani Chowk, Mahidpur. 3. According to the learned Counsel for the petitioners the said place is a public place and without seeking approval from the State Government the construction of permanent structure at the said Sogani Chowk is being carried out. 4. A preliminary objection has been raised by the 3rd respondent stating therein that on the identical subject matter a civil suit bearing No.58- A/2013 is pending before the 2nd Civil Judge, Tehsil-Mahidpur, District- Ujjain at the instance of one Abbas Ali S/o Shri Hatim Bhai and Mustafa S/o Shri Abbas Ali. Copy of the plaint and certified copy of the proceedings of the trial Court are being filed along with the preliminary objection. 5. Having gone through the plaint averment and certified copy of the order filed along with the preliminary objection, we find that the question raised through this Public Interest Litigation (PIL) is already pending consideration before the civil Court in the civil suit. 6. In the circumstances, we decline interference in the matter. However, if the petitioners' feel necessary and they are so advised they may file an appropriate application for impleadment of themselves in the said civil suit, in case such application is filed the same shall be considered and decided by the civil court in accordance with law. With the aforesaid observations, this writ petition stands dismissed.