Ayyub Pathan vs State Of Madhya Pradesh And Others

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission.

The present petition under Article 226 of the Constitution of India has been filed by the petitioner on an apprehension of demolition of the residential house belonging to the petitioner situated at House No. 175/42, Newri - Bagli Marg, Ward No. 11, Hatpipliya, District Dewas (M.P.). The said action is being initiated by the respondents no. 2 to 4.

Learned counsel for the petitioner referring to Annexure P-1 i.e. the registered sale deed submits that the said house was purchased by the father of the petitioner and the petitioner along with his brother are residing in the house with their family.

3 . Learned counsel for the petitioner further submits that due to registration of criminal case against the petitioner's son under Section 306 and 420 of the Indian Penal Code, the respondent authorities are trying to demolish the house in question.

Learned counsel for the respondent/State has raised a preliminary objection as regards maintainability of the petition on the ground that the same is based on apprehension and as such the petition cannot be entertained. He further submitted that whenever the action for demolition is undertaken, the same shall be done in accordance with law.

Heard learned counsel for the parties and perused the record.

6 . I n view of the facts and circumstances of the case, the present petition is disposed off with the observation that whenever, the respondents undertake any action for demolition, the same shall be done in accordance with law after giving due notice and opportunity to the petitioner.

If any adverse order is passed, the same shall not be given effect to for a period of seven days from the date of passing of the order.

Petition stands disposed off. It is made clear that this Court has not expressed any opinion on the merits of the case.