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Madhya Pradesh High Court · body

2014 DIGILAW 628 (MP)

Arun Yadav v. Municipal Corporation Gwalior

2014-06-05

S.K.PALO, SUJOY PAUL

body2014
Judgment IA No. 3296/2014 is taken up and in the fact situation, is allowed. 2. Heard on admission. 3. The grievance of the petitioner is that the respondent is treating his marriage garden as encroachment and may take any adverse action. It is submitted that no adverse action can be taken without following the principle of natural justice. Shri Khot, learned counsel for the Corporation relied on the orders passed in Writ Petition No. 5114/2013 (Smt. Renu Paliwal vs. State of MP), decided on 31.7.2013, and submits that the petition may be disposed of in terms of said judgment. Shri N.K.Gupta has no objection. 4. In view of consent, petition is disposed of with following directions :- (1) If the respondent/Corporation intends to take any action against the petitioner, he may be served with a notice mentioning the reasons therefor. (2) The petitioner shall file reply to the said notice within seven days along with the relevant documents. (3) The respondent/Corporation may take a final decision by passing reasoned order expeditiously. (4) Till decision is communicated to the petitioner, status quo, which is prevailing today, shall be maintained by the parties. 5. Petition is disposed of without expressing any opinion on the merits.