High CourtsSingle Bench(2024) 04 MP CK 0096

Narendra vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 12 April 2024

HON’BLE JUDGES
Subodh Abhyankar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 9265 Of 2024

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Judgment

8 paragraphs · 226 words

@JUDGEMENTTAG-JUDGMENT

Subodh Abhyankar, J

1.

The present petition is filed on apprehension of demolition of the residential house of the petitioner by respondent Nos. 2 to 4.

2.

The petitioner submits that he has constructed a residential house and residing with his family in the said house. The apprehension is based on the ground that because of registration of a criminal case against the petitioner under Section 302 of IPC.

3.

Counsel for the respondents raises preliminary objection regarding maintainability of the petition on the ground that the petition is based only on apprehension and there is no material to indicate that the respondents are taking any illegal action for demolition of the residential house of the petitioner. It is further submitted that whenever an action for removal of demolition shall be taken, the same shall be taken in accordance with the law.

4.

After hearing learned counsel for the parties, the present petition is disposed of with observation that whenever the respondents shall take an action for demolition, the same shall be taken in accordance with the law after giving notice and opportunity to the petitioner.

5.

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

6.

With the aforesaid, the present petition is disposed of.