Madhya Pradesh High Court
Loniya vs The State Of Madhya Pradesh on 25 June, 2021
Equivalent citations: AIRONLINE 2021 MP 1228
Author: Vivek Rusia
Bench: Vivek Rusia
1
THE HIGH COURT OF MADHYA
PRADESH
BENCH AT INDORE
Writ Petition No.10297/2021
(Loniya Vs. State of M.P. and others)
Indore, dated :25/06/2021
Shri Amit Bhatiya, learned counsel for the
petitioner.
Shri Palash Choudhary, learned Panel Lawyer
for the respondent/State.
Heard through V.C.
****
Petitioner has filed the present petition being aggrieved by notice dated 07.06.2021 (Annexure/6) whereby the revenue authorities has directed the petitioner to remain present on the spot for handing over the possession to Omkar S/o Bau by virtue of the order passed by Tehsildar/ respondent No.2 dated 06.07.2020 (Annexure P/1).
Learned counsel for the petitioner submits that against the aforesaid order, he preferred First Appeal, which has been dismissed, thereafter, he preferred Second Appeal before the Commissioner, which is pending for adjudication. The Commissioner has not taking up the matter due to Corona-19 Pandemic. Meanwhile, the Revenue Inspector has issued notice for eviction. He further submits that against the notice, he has submitted a representation (Annexure P/7) alongwith order passed by Division Bench of this in W.P. No.8820/2021 (In Reference (Suo Motu) Vs. 2 Union of India and others) in which this Court has restrained all type of eviction and demolition proceedings initiated by the Government or Local Bodies but the Revenue Authorities are not ready to understand the aforesaid order.
Initially, the Division Bench of this Court has restrained authorities to 15.06.2021 but later on, same period has been extended upto 15.07.2021. The relevant part of order is reproduced below:
In view of above, therefore, with a view to ensuring that the citizens of the State in general and the litigants before the Courts in particular, do not suffer on account of their inability to approach the Courts of law, this Court proposes to invoke its extraordinary power under Article 226 and its power of superintendence under Article 227 of the Constitution of India and also inherent power over the criminal matters under Section 482 of the Code of Criminal Procedure, power of superintendence over Criminal Courts under Section 483 of the Code of Criminal Procedure and inherent power over the civil matters under Section 151 of the Code of Civil Procedure and issue the following directions to remain operative in the first phase till 15th June, 2021:-
(i) that all the interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by this Court or any other Court sub-ordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi Judicial forum in the State of Madhya Pradesh, over which this Court has power of superintendence, which were subsisting as on 10th March, 2021, shall stand extended till 15th June, 2021;
(ii) that it is further directed that the interim orders or directions of this Court or any Court sub-ordinate to this Court in the State, which are not of a limited duration and were meant to operate till further orders, shall continue to remain in force until modified/altered/vacated by specific order of the Court concerned in a particular case;
(iii) that the time for filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till 15th of June, 2021. It is however clarified that this will not preclude the parties from filing such written- statement or return before 15th June, 2021;
(iv) that it is further directed that the orders of eviction, dispossession, demolition, etc. passed by this Court or any 3 Court subordinate to it or any Tribunal or Judicial or Quasi Judicial forum, which have so far remained unexecuted, shall remain in abeyance till 15th of June 2021;
(v) that interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which has expired or is likely to expire on any date after 10th March, 2021, shall stand extended till 15th of June, 2021. However, any party aggrieved by the conduct of thea ccused on such interim protection, may move the Court in seisin over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter;
(vi) that all the interim bail granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by time-frame specifying an expiry on any date after 10th March 2021, shall stand extended till 15th June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned;
(vii) that parole granted to a person anytime after 9th March, 2021 by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date, shall stand extended till 15th of June, 2021, subject to the condition specified in Point No.(vi) above;
(viii) that unless there is necessity of arrest for maintenance of law and order situation, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 15th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. This however may not be understood as an interdict on the power of the police to arrest, but should only be considered mere advisory in the face of the ongoing crisis following second wave of Coronavirus;
(ix) that the State Government or any of its Department or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till 15th June, 2021;
(x) that it is further directed that, any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 15th June, 2021;
(xi) that if the Government of Madhya Pradesh and/or any of its Department and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or anyCourt subordinate to it or the Tribunals, 4 required to do a particular thing or carry out certain direction in a particular manner, in a time frame, which has expired after 10th March, 2021 or is going to expire at any time from now up to 15th June,2021, the time for compliance of such order shall stand extended up to 15th June, 2021, unless specifically directed otherwise by the Court concerned;
(xii) that in order to dispel any ambiguity, it is clarified that:-
(a) those interim orders / directions, which are not for a limited duration and are to operate until further orders,shall by this order remain unaffected;
(b) that, in case extension of interim order(s) as per the present order passed by this Court, causes any undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application(s) before the Competent Court(s),Tribunal, Judicial or Quasi-Judicial Forum, and these directions shall not be taken as a bar for such Courts/Forums to consider such application(s) filed by the aggrieved party, on its own merit, after due notice and providing opportunity of hearing to the other side;
(c) that the directions enumerated above shall not preclude the State from moving appropriate application for vacation/modification of such order in any particular case for reason of overriding public interest;
(d) that all Courts, Tribunals, Judicial and Quasi-
judicial authorities are directed to abide by these directions, and the parties seeking relief(s) covered by these directions can file hard copy or soft copy of this order before the competent court/forum, which shall be given due weightage.
Vide order dated 15.06.2021, the Division Bench of this Court has extended the interim protections up to 15.07.2021. The relevant part of the order is reproduced below:
Shri Swapnil Ganguly, learned Deputy Advocate General and Shri Harpreet Ruprah, learned counsel appearing for Municipal Corporation, Jabalpur has submitted that the direction No.(ix) in the aforesaid order which required the State Government or any of its Department or any Municipal Corporation/Council/Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State not to take any step for eviction or demolition in respect of any property may be slightly modified permitting the Municipal Authorities to demolish such houses which are in dilapidated condition and have become unsafe for human dwelling on account of approaching rains.
The direction No.(ix) of the aforesaid order 5 dated 23.04.2021 is therefore modified. The satisfaction to that effect may be recorded by the Municipal Officer/Commissioner before undertaking the demolition after due notice to the dwellers upon their resettlement to a safer location.
All other interim protections given vide order dated 23.04.2021 shall stand extended up to 15.07.2021."
Shri Palash Choudhary, learned Panel Lawyer for the respondent/State is not disputing the aforesaid order passed by Division Bench of this Court.
In view of the above, the petition is disposed of with direction to the Revenue Authorities to consider the representation of the petitioner and act in accordance with law.
Certified copy as per rules.
(Vivek Rusia)
praveen Judge
Digitally signed by
PRAVEEN NAYAK
Date: 2021.06.26
10:24:32 +05'30'