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Madhya Pradesh High Court

National Textile Coporation Ltd (Unit ... vs The State Of Madhya Pradesh on 11 May, 2022

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                           1
                                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT INDORE
                                                                          BEFORE
                                                         HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                   ON THE 11th OF MAY, 2022

                                                              WRIT PETITION No. 9581 of 2022

                                                  Between:-
                                                  NATIONAL TEXTILE COPORATION LTD (UNIT
                                                  INDORE MALWA UNITED MILLS MALWA MILL
                                                  CIRCULE INDORE) THROUGH AUTHORIZED
                                                  SINGNATORY/O.I.C. SANDEEP SHARMA S/O
                                                  SHRI RAJESHWAR DAYAL SHARMA IN CHARGE
                                                  GENERAL MANAGER, SUB OFFICE-INDORE 41,
                                                  JANGAMPURA,      MALGANJ    CHOURAHA,
                                                  JAWAHAR    MARG,     INDORE  (MADHYA
                                                  PRADESH)

                                                                                                     .....PETITIONER
                                                  (BY SHRI A.K. SETHI - SENIOR ADVOCATE WITH SHRI SHASHANK
                                                  SHARMA - ADVOCATE)

                                                  AND

                                            1.    THE STATE OF MADHYA PRADESH THROUGH
                                                  COLLECTOR    OFFICE   OF   COLLECTOR
                                                  COLLECTORATE, MOTI TABELA (MADHYA
                                                  PRADESH)

                                            2.    COLLECTOR DISTRICT INDORE MOTI TABELA
                                                  INDORE (MADHYA PRADESH)

                                            3.    INDORE MUNICIPAL CORPORATION THR ITS
                                                  COM M IS S ION ER OFFICE OF MUNICIPAL
                                                  CORPORATION M.G. ROAD INDORE (MADHYA
                                                  PRADESH)

                                            4.    C O M M I S S I O N E R INDORE    MUNICIPAL
                                                  COR POR ATION HEAD OFFICE         M.G. ROAD
                                                  INDORE (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                                  (BY SHRI N.S BHATI- GOVERNMENT ADVOCATE AND SHRI AMOL
Signature Not VerifiedDigitally signed by         SHRIVASTAVA - ADVOCATE FOR RESPONDENT NOS.3 AND 4)
  SAN                 SOURABH YADAV
                      Date: 2022.05.12
                      12:58:18 IST

                                                 This petition coming on for admission this day, the court passed the
                                                                                 2
                                            following:
                                                                                 ORDER

Learned counsel for the petitioner submits that the present petition may be disposed off in terms of order dated 05.05.2022 passed in WP No.8844/2022.

By this petition the petitioner has prayed for the following directions :-

"a). Appropriate writ/ direction/command/order be issued restraining respondents to interfere in any manner in possession of the land of the petitioner.
b). The respondents be directed to take action against the erring officers and stop them to encroach the land of the petitioner.
c). To ward the cost of present petition from respondents to the petitioner.
d). To grant any other relief, which this Hon'ble Court may deem fit to grant in favour of the petitioner and against the respondents."

The apprehension of the petitioner is that without taking recourse to the legal provisions and without affording opportunity of hearing to it, its land is being sought to be taken over by the respondents. It is submitted that the petitioner has already submitted several representations and also a demand of justice notice dated 23-01-2022 but the respondents have time and again being making efforts for forceful dispossession of the petitioner.

It is seen that no proceedings have been initiated by the respondents against the petitioner. The petition has been preferred by the petitioner on the basis of apprehension and certain Newspaper reports.

Be that it may, it is observed that in case the respondents intend to initiate any action against the land of the petitioner, then they may do so in accordance with law and by affording due opportunity of hearing to the petitioner.

Signature Not VerifiedDigitally signed by
  SAN                 SOURABH YADAV
                      Date: 2022.05.12

With the aforesaid direction, without expressing any opinion on merits, 12:58:18 IST the petition stands disposed off.

                                                        3
                                                           (VIJAY KUMAR SHUKLA)
                                                                   JUDGE
                                             Sourabh




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SOURABH YADAV
                       Date: 2022.05.12
                       12:58:18 IST