Anshul Pundit vs Collector District Khargone And Others

Jai Kumar Pillai, J

The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking the following reliefs :-

"1) That, the Hon’ble Court may be pleased direct the Respondent Authorities forthwith’ consider and decide the Petitioner’s complaints dated 16.12.2025, 15.12. 2025 & 17.12.2025 in accordance with law, within a stipulated time frame.

2) That the Hon’ble Court may kindly direct the Respondent authorities to ensure free, unobstructed, and continuous access and: passage to the Petitioner and other colony. residents through the subject public road,

3) That any other relief which. this Hon'ble Court deems fit may kindly be given."

It is pleaded by the learned counsel for the petitioner that the approach road to his house Ward No.3, Vallabh Nagar, Street No.1 has been constructed by unknown persons by constructing a permanent wall on the road.

It is further contended by the petitioner that road has to be constructed through the said area and therefore some unauthorized persons constructed a wall to obstruct the construction of road. Since the petitioner has already approached respondent No.2 by filing a detailed representation which is dated 17.12.2025.

Without commenting on the merits of the case it is directed that the respondents are obliged under Section 123(f) of the M.P. Municipalities Act, 1961 to look into the matter and in case if it is the public road and construction has been made it goes without saying that under Section 123 (f) of the M.P. Municipalities Act, 1961 the responsible officer can take action against un-authorized construction of the wall over a public road .

Let the said exercise be done by the authority within a period of 30 days from the date of receipt of certified copy of this order and it is needless to mention that if the authorities finds that it is not a public road or the dispute relates to a private dispute which is not in public domain then the same shall be passed a reasoned and speaking order communicating the same to the petitioner within the said period.

With the aforesaid observations, the petition stands disposed of.

No order as to costs.