Bhuwaniram s/o Rajaram Patidar vs State Of M.P & Others

Vivek Rusia, J

Petitioner has filed the present petition not against any specific order but praying that respondents be restrained to take any coercive action against

him in pursuance to the notice dated 08.01.2020.

Facts of the case are as under:

The petitioner is a resident of Tehsil Kasrawad, district Khargone. According to the petitioner, he is the registered owner of plot No.107 situated in

Ward No.7, Indore Road, Tehsil Kasrawad, district Khargone. After purchasing the plot vide registered sale-deed in question, he applied for the

building permission, which was granted by the Nagar Parishad Kasrawad on 02.05.1999. Later on, vide order dated 20.01.2004 the plot in question

was diverted for commercial use by the respondent No.3. After obtaining the NOC, the petitioner had constructed a 3 storied house on the said plot.

In the year 2009 Sadak Vikas Nigam initiated a proceeding for acquisition of the said land/house and the Tahsildar issued a notice dated 10.10.2009.

The petitioner filed a writ petition No.7476/2009 before this Court challenging the validity of the aforesaid notice in which interim protection was given

in his favour . The respondents entered appearance and made a statement that at present the proceedings for construction of the four-lane road have

been dropped and the impugned notice has been recalled. Because of the above, the writ petition was disposed of. In the year 2017, the petitioner

mortgaged the plot in question with the Bank of Baroda for which a title search report was obtained which came in favour of the petitioner. His name

had also been mutated in the revenue record of the land bearing Survey No.78/4.

According to the petitioner, now respondent No.2 has again issued a notice dated 08.01.2020 by directing him to remove the alleged

temporary/permanent tin-shed and the encroachment. The petitioner has submitted a detailed reply along with the necessary documents on

14.01.2020. Since the respondents did not decide the reply, the petitioner approached this Court by way of writ petition No.15936/2020 and vide order

dated 22.01.2020 the writ petition was disposed of with the direction to the CMO, Nagar Parishad Kasrawad to pass an appropriate order in

accordance with the law and till then the respondent No.2 has been directed not to take any coercive action against the petitioner. According to the

petitioner, despite furnishing the certified copy of the said order, the respondent No.2 has not decided the reply and now after a lapse of 5 months,

they have put the machinery for construction of the road in front of the house and made certain markings with white clay powder, hence the petitioner

is before this Court by way of this petition.

Shri Vivek Dalal, learned A.A.G appearing for the respondents at the very outset submits that he will instruct the respondents to decide the pending

reply of the petitioner in accordance with the law and law laid down by the Apex Court in the case of Ravindra Ramchandra Waghmare vs. Indore

Municipal Corporation.& Others reported in (2017) 1 SCC 667 before dismantling any illegal construction.

Because of the statement made by Shri Dalal, we are refraining ourselves from making any comments on the merit of the case and propose to

dispose of this petition with a direction to the respondents to act as per law and the judgment passed by the Apex Court in the case of Ravindra

Ramchandra Waghmare (supra). Needless to say that the petitioner is free to appear in person before the respondents with all necessary documents

and if required the respondents may take a joint inspection of the encroachment and illegal construction in question. Let entire exercise be completed

within 10 days from the production of the certified copy of this order

The writ petition stands disposed of.