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Chunnilal Onkarnal Company Limited Through Authorised Signatory Arvind Agarwal vs Ujjain Muncipal Corporation Through Commissioner Ujjain M P And Others

Madhya Pradesh High Court · Decided on 3 February 2026 · Citation: (2026) 02 MP CK 1661

HON’BLE JUDGES
Pranay Verma, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226 · Madhya Pradesh Municipal Corporation Act, 1956 — Section 310
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 4509 Of 2026
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Judgment

7 paragraphs · 317 words

Pranay Verma, J

1.

By this petition preferred under Article 226 of the Constitution of India the petitioner has challenged the notice dated 28.01.2026 issued by Municipal Corporation, Ujjain under the provisions of Section 310 of M.P. Municipal Corporation Act, 1956.

2.

Learned counsel for the petitioner has submitted that the notice is in fact an order and has not been preceded by any show cause notice and the petitioner has not been afforded any opportunity of hearing. No legal procedure has been followed prior to directing the petitioner to remove the alleged dilapidated part of the building.

3.

Learned counsel for the respondents on advance notice has submitted that the petitioner ought to approach the respondents by filing their reply after which their case shall be duly considered.

4.

Thus in the available facts of the case, it is directed that the petitioner should file his reply along with all relevant documents before respondent No.2 within a period of 7 days from today. Upon the same being done the reply and the documents of the petitioner shall be duly considered and the property of the petitioner shall be inspected in presence of both the parties after issuance of notice to the petitioner as provided under the Rules. Thereafter a panchnama shall be prepared in the presence of both the parties which shall be communicated to the petitioner who shall thereafter file his objection, if any, to the same within a period of seven days therefrom. Thereafter the petitioner shall be afforded due opportunity of hearing and a reasoned and a speaking order in the matter shall be passed.

5.

Till the final order in the matter is passed and for a period of 10 days thereafter in case the same is against the petitioner no coercive steps shall be taken against him.

6.

With the aforesaid, without expressing any opinion on merits, petition stands disposed off.