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High CourtsSingle Bench(2024) 03 MP CK 0073

Kallu Rathore And Others vs Collector, Office Of Collector And Others

Madhya Pradesh High Court · Decided on 20 March 2024

HON’BLE JUDGES
Pranay Verma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 7300 Of 2024

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Judgment

7 paragraphs · 344 words

Pranay Verma, J

1.

By this petition preferred under Article 226 of the Constitution of India the petitioners have challenged the show cause notices dated 12.03.2024 Annexure P/1 and Annexure P/2 issued to them under the provisions of Section 248 of M.P. Land Revenue Code, 1959.

2.

Learned counsel for the petitioners has submitted that only a period of three days has been granted to the petitioners to file the reply. The petitioners are all in custody in a criminal case instituted against them hence it shall not be possible for them to file the reply to the said show cause notices. There is every apprehension that the respondents shall proceed with in the matter and pass the final order and demolish the property of the petitioners.

3.

From the Vakalatnama filed along with their petition it is apparent that the petitioners are in custody. The show cause notices issued to them at their residential address. Since the petitioners are in custody it cannot be expected from them to file any reply to the show cause notices. In such circumstances, if the petitioners are proceeded with further without affording them opportunity of hearing they shall be greatly prejudiced.

4.

In such circumstances, it is directed that each of the petitioners shall file the reply along with all requisite documents before the Naib Tehsildar, Tehsil, Shyamgarh, District Mandsaur within a period of ten days from the date of their release from custody. Upon filing of the reply by the petitioners the same shall be advert to by respondent No.1 and after affording due opportunity of hearing to the petitioners the final order shall be passed.

5.

Till final order in the matter is passed, the impugned show cause notices Annexure P/1 & Annexure P/2 both dated 12.03.2024 shall not be given effect to. In case the final order is against the petitioners they shall be afforded a breathing time of fifteen days for assailing the same in accordance with law.

6.

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