Madhya Pradesh High Court
Dr. S.M. Gheyas Alam vs Union Of India on 19 January, 2023
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 19 th OF JANUARY, 2023
WRIT PETITION No. 1085 of 2023
BETWEEN:-
DR. S.M. GHEYAS ALAM, S/O LATE SHRI PEER S.M.
ZAHOOR ALAM, AGED ABOUT 73 YEARS, OCCUPATION:
PHYSICIAN, R/O HOUSE NO.1138, MANDLA ROAD,
FORTH MILE, TILAHRI, JABALPUR (M.P.)
.....PETITIONER
(BY SHRI SUSHANT RANJAN - ADVOCATE)
AND
1. UNION OF INDIA, THROUGH DIRECTOR
GENERAL, DEFENCE ESTATES, RAKSHA
SAMPADA BHAWAN, MINISTRY OF DEFENCE,
DELHI CANTONMENT (DELHI)
2. DEFENCE ESTATES OFFICER, JABALPUR CIRCLE,
JABALPUR CANTONMENT, (M.P.) - 482001
3. STATE OF M.P., THROUGH COLLECTOR,
JABALPUR (M.P.)
.....RESPONDENTS
(SHRI SANDEEP K. SHUKLA - ADVOCATE FOR RESPONDENT NO.1, SHRI
VIKRAM SINGH - ADVOCATE FOR RESPONDENT NO.2 AND SHRI SUYASH
THAKUR - GOVERNMENT ADVOCATE FOR RESPONDENT NO.3)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
Signature Not Verified
SAN
ORDER
Digitally signed by REENA HIMANSHU SHARMA The learned counsel for the petitioner submits that he may be granted Date: 2023.01.20 17:37:55 IST 2 liberty to approach the appropriate civil court for necessary reliefs. His further prayer is that a reasonable time may be granted and the respondents be directed not to demolish the structure for the said period.
In view of the same, the petition is dismissed as withdrawn with liberty to the petitioner to pursue such remedies as available in law.
In the interregnum, the respondents are directed not to demolish the structure in question for a period of four weeks, as requested.
Pending interlocutory application is accordingly disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
rv
Signature Not Verified
SAN
Digitally signed by REENA HIMANSHU
SHARMA
Date: 2023.01.20 17:37:55 IST