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Judgment
Pranay Verma, J
This petition has been filed under Article 226 of the Constitution of India by the petitioner seeking following reliefs:-
It is therefore, respectfully prayed that, this Hon’ble Court maybe pleased:
(i) A writ, order or direction be issued directing therespondents to open seal of subject Hotel i.e. “Hotel BlueStar” situated at 3, Mahakal Marg, Ward No. 31, Ujjain;
(ii) Any other relief which this Hon’ble Court deems fit be also granted in favour of the petitioner.
(iii) That, this petition be allowed with costs.
In brief, the facts of the case are that the petitioner is mother of Asif
Khan who happens to be the husband of Nagma Khan. Admittedly Kalim
Khan got murdered on 10/10/2024 in which his wife Nilofar khan and her two sons i.e Asif Khan and Danish Khan along with others have been arraigned as accused and have already been arrested on 11.10.2024, and are lodged in jail in connection with Crime no.440/2024, registered at police station-Neelganga undersections 103(1), 61(2), 3(5), 249, 306 of BNS of 2023/302, 120-B, 34, 212, 381 of theIPC and under Sections 25 & 27 of the Arms Act.
Admittedly, Nilofar and her husband own a hotel known as Hotel Blue Star which according to the petitioner was constructed in accordance with law long time back and there are also no tax dues in respect of the same. However, the grievance of the petitioner is that the said hotel has been locked by the Municipal Corporation, Ujjain without any apparent reason and without any authority of law. Thus unlocking of the aforesaid hotel has been sought.
Learned counsel for the petitioner submits that a similar action had been taken in respect of Hotel President owned by the petitioner wherein this Court by order 1/3/2025 passed in W.P No.4312/2025 had directed for unlocking of the said hotel.
Learned counsel for the respondent/State has submitted that the aforesaid hotel has been locked by Municipal Corporation, Ujjain at the instance of the complainant who was the relative of the deceased Kalim Khan who had requested the Corporation to lock the hotel.
Heard the learned counsel for the parties and perused the record.
On due consideration of the rival submissions, and on perusal of the record, this Court is of the considered opinion that the aforesaid property of the petitioner i.e Hotel Blue Star has been wrongly locked by the Municipal Corporation, Ujjain at the instance of the police authorities without any jurisdiction only on asking of a person who is neither the owner nor in possession of the hotel, and in such circumstances, the respondent no.2/Assistant Commissioner of Police, Ujjain is directed to unlock the said hotel without any undue delay.
With the aforesaid direction, the petition stands disposed of.