ORDER 1. Writ and as well as supervisory jurisdiction of this Court under Article 226/227 of the Constitution is invoked praying for following relief: "(I) Issuing an appropriate writ order or direction thereby restraining/prohibiting the respondents from demolishing the house which was duly constructed by them after obtaining permission on the land, owned by them. (ii) Passing of any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and circum-stances of the case. (iii) Costs of the petition may also be awarded to the petitioners." 2. Grievance of petitioners stems from the notice issued by Chief Executive Officer, Municipal Council Khaniyadana District Shivpuri dated 6.8.2019 vide P-6 informing the petitioners of having encroached upon government land by making unlawful civil construction with further direction to the petitioners to produce relevant documents to justify the legality of said civil construction or else to face adverse conse-quences. 3. Learned counsel for the petitioners submits that despite production of relevant documents including the sale deed dated 5.6.2003 vide P-1, building permission dated 30.11.2004 vide P-5 and the construction having been made long time back, the respondents are wrongly treating the said civil construction to be an encroachment. 4. The cause raised herein essentially relates to title and possession over the land in question and the legality of civil construction made thereon, which essentially involves disputed questions of fact. 5. Writ jurisdiction ought not to be exercised to decide such disputed questions of fact especially in the face of efficacious statutory remedy available to the petitioners to prefer an appeal under Chapter X of Madhya Pradesh Municipalities Act, 1961 before the Appeal Committee against the impugned notice or any order passed pursuant thereto. 6. However, before parting this Court can not turn a Nelson's eye towards the practical aspect where the petitioners apprehend demolition of civil construction made by them several years ago. In such a situation, the least that the petitioners are entitled to, is an opportunity to avail the remedy available under the relevant statute or before civil Court, as the case may be, by affording temporary protection to enable the petitioners to avail the said remedy and to prevent the remedy from becoming infructuous by the overzealous and overanxious Executive Authorities. 7.
7. Consequently, this Court without interfering in the merits of matter disposes of this petition with the following directions: (i) Petitioners are directed to prefer an appeal under Chapter X of Madhya Pradesh Municipalities Act, 1961, which if done within ten days, shall be entertained and decided by the competent Appellate Authority on its own merits as expeditiously as possible preferably within a period of two months. (ii) The petitioners shall be free to move an appropriate application for stay before the Appellate Authority which shall also be decided on its own merits before proceeding to decide the appeal on merits. (iii) The Appellate Authority is free to take any decision either way on the stay application and as well as appeal without being influenced by passing of this order and the petitioners having approached this Court. (iv) In the meanwhile, no coercive steps shall be taken against the civil construction in question for a period of one months from today or till the appeal is decided, whichever is earlier. No cost. ................