Mahadev Prasad Awasthi vs State Of Madhya Pradesh And Others

Maninder S. Bhatti, J

The petitioner has called in question a notice under Section 307(II) of Madhya Pradesh Nagar Palik Adhiniyam, 1956 dated 09/05/2023 (Annexure P/6) issued by respondent No.3.

Learned counsel contends that there is threat of the demolition of the construction raised by the petitioner. Learned counsel contends that the construction raised by the petitioner is in accordance with law and there is no illegality yet the respondents are disputing the same and have issued notice. Learned counsel contends that there is imminent threat of demolition, hence prays for interim relief.

Per contra, learned counsel for respondent No.2 and 3 submits that the petitioner has produced certain documents in response to the notice dated 09/05/2023. Learned counsel submits that if the petitioner makes a representation afresh bringing on record the entire documents in support of his stand, the same shall be taken cognizance of.

Upon taking into consideration the submission advanced on behalf of the parties, without commenting anything on merit, present petition stands disposed of with a direction that if the petitioner prefers a representation along with entire documents by tomorrow i.e. 16/05/2023 before Municipal Corporation, Jabalpur, the same shall be decided by the Municipal Corporation, Jabalpur in his own wisdom in accordance with law while extending opportunity of hearing to all concerned within a period of 15 days from the date of its submission.

Till the decision on the representation of the petitioner, no coercive steps shall be taken against the petitioner.

Accordingly, this petition stands disposed of.