High CourtsSingle Bench(2023) 03 MP CK 0017

Rani Bee vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 3 March 2023

HON’BLE JUDGES
Pranay Verma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 5651 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 249 words

Pranay Verma, J

By this petition preferred under Article 226 of the Constitution of India the petitioner apprehends threat to possession of her property on the ground that her husband has been implicated and arrested by the police in connection with an FIR registered at Crime No. 46/2023 at Police Station Unhel under Section 429 of the IPC and Sections, 4, 6 and 9 of M.P. Go-Vansh Pratishedh Adhiniyam, 2004. Her apprehension is that the respondent can demolish her legally constructed house without issuance of any show cause notice.

Learned counsel for the respondent submits that there is absolutely no basis or foundation for the apprehension of the petitioner that her property would be demolished without following the due process of law.

In view of the aforesaid, I deem it fit and proper to direct the respondents to issue a show cause notice to the petitioner prior to initiation of any proceedings against her as regards demolition or otherwise of her property. In case such a notice is issued to the petitioner she be afforded ten days time for filing her reply alongwith all requisite documents and prior to taking a final decision in the matter the petitioner be also afforded an opportunity of hearing. In case the final order is against the petitioner, then the petitioner be also afforded a breathing time of seven days for challenging the same in accordance with law.

With the aforesaid, without expressing any opinion on mertis, the instant petition stands disposed off.