Madhya Pradesh High Court
Shahnawaj Mizwani vs The State Of Madhya Pradesh on 9 August, 2023
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 9 th OF AUGUST, 2023
WRIT PETITION No. 19529 of 2023
BETWEEN:-
SHAHNAWAJ MIZWANI S/O SHRI ABDUL RAJJAK, AGED
ABOUT 36 YEARS, OCCUPATION: BUSINESS R/O WARD
NO. 14 TEHSIL RAOD KHILCHIPUR DISTT. RAJGARH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI TEHJEEB KHAN, LEARNED COUNSEL)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE SUB DIVISIONAL OFFICER PUBLIC WORKS
D EPARTM EN T KHILCHIPUR DIST. RAJGARH
(MADHYA PRADESH)
3. THE EXECUTIVE ENGINEER PUBLIC WORKS
D EPARTM EN T KHILCHIPUR DIST. RAJGARH
(MADHYA PRADESH)
4. THE COLLECTOR RAJGARH (MADHYA PRADESH)
5. RAJLAXMI CONSTRUCTION COMPANY A.B.
ROAD, NEW CITY COLONY, GUNA DIST. GUNA
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI MUKESH PARWAL, LEARNED GOVT. ADVOCATE FOR
RESPONDENTS/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 10-08-2023 10:35:52 2 The present petition is filed under Article 226 of the Constitution of India being aggrieved by the action of the respondent for earmarking the shop of the petitioner for demolition and for widening of the road.
2. Counsel for the petitioner submits that the aforesaid shop is situated on the private land and the respondents without acquiring the said land and paying compensation are going to demolish the shop of the petitioner for the purpose of widening the road. It is argued that the respondents cannot widen the road by utilizing private land without acquiring the land and paying compensation. In support of his submission, he has placed reliance on 18.07.2019 passed by High Court of Delhi in the case of Sarita Gupta & Ors.
vs. MCD.
3. After hearing learned counsel for the petitioner, I deem it expedient to dispose off the petition with liberty to the petitioner to submit a detailed and comprehensive representation/objection before the respondent No. 4/Collector, Rajgarh within a period of 7 days from today and if such representation is submitted within the aforesaid period, the Collector shall decide the same within a period of 15 days from the date of receipt of the representation in accordance with law by passing a reasoned and speaking order.
4. Till the representation of the petitioner is considered and decided by Collector, Rajgarh, the respondents are restrained from demolishing the shop in question.
5. With the aforesaid, the writ petition is disposed off.
(VIJAY KUMAR SHUKLA) JUDGE soumya Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 10-08-2023 10:35:52 3 Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 10-08-2023 10:35:52