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Madhya Pradesh High Court

Khalid Umar Khan vs The State Of Madhya Pradesh on 2 November, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 2 nd OF NOVEMBER, 2023
                                           WRIT PETITION No. 23077 of 2023

                           BETWEEN:-
                           1.    KHALID UMAR KHAN S/O LATE GAFFAR KHAN,
                                 AGED ABOUT 50 YEARS, OCCUPATION: BUSINESS
                                 SANJAY WARD DISTRICT SEONI (MADHYA
                                 PRADESH)

                           2.    ATIK AZMI S/O WAHEED AZMI, AGED ABOUT 52
                                 YEAR S , OCCUPATION: BUSINESS R/O SANJAY
                                 WARD DISTRICT SEONI (MADHYA PRADESH)

                           3.    MINHAZ AZMI S/O BARI AZMI, AGED ABOUT 54
                                 YEAR S , R/O SANJAY WARD DISTRICT SEONI
                                 (MADHYA PRADESH)

                           4.    JAMEEL AZMI S/O BARI AZMI, AGED ABOUT 48
                                 YEAR S , R/O SANJAY WARD DISTRICT SEONI
                                 (MADHYA PRADESH)

                           5.    SOHAIL AZMI S/O LATE MOEED AZMI, AGED
                                 ABOUT 48 YEARS, R/O SANJAY WARD DISTRICT
                                 SEONI (MADHYA PRADESH)

                           6.    IFTEKHAR AZMI S/O LATE BARI AZMI, AGED
                                 ABOUT 50 YEARS, R/O SANJAY WARD DISTRICT
                                 SEONI (MADHYA PRADESH)

                           7.    MIRAJ AZMI S/O LATE BARI AZMI, AGED ABOUT
                                 50 YEARS, R/O SANJAY WARD DISTRICT SEONI
                                 (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI ANSHUMAN SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL      SECRETARY       URBAN
                                 ADMINISTRATION    AND    DEVELOPMENT
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 02-11-2023
19:08:12
                                                                2
                                 (MADHYA PRADESH)

                           2.    THE   COLLECTOR S E O N I DISTRICT            SEONI
                                 (MADHYA PRADESH)

                           3.    PUBLIC WORKS DEPARTMENT THROUGH ITS
                                 EXECUTIVE ENGINEER SEONI DIVISION NO. 1
                                 DISTRICT SEONI (MADHYA PRADESH)

                           4.    SUB DIVISIONAL OFFICER PUBLIC WORKS
                                 D EPARTM EN T SUB DIVISION NO. 2 SEONI
                                 DISTRICT SEONI (MADHYA PRADESH)

                           5.    ANJUMAN ISLAMIA JAMA MASJID SEONI
                                 THROUGH     ITS   PRESIDENT  MANAGING
                                 COM M ITTEE SANJAY WARD SEONI DISTRICT
                                 SEONI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR
                           RESPONDENTS NO. 1 & 2 AND SHRI MUKHTAR AHMAD - ADVOCATE FOR
                           THE RESPONDENT NO.5)

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

Petitioners' grievance is that without following the due procedure as given under the Municipalities Act, 1961, Public Works Department has declared the building to be not fit for human habitation.

It is submitted that no such decision could have been taken by the Public Works Department as it is the prerogative of the Municipality to declare a building fit or unfit for human habitation.

Shri Mukhtar Ahmad, learned counsel submits that Public Works Department has only given a report. No action is being taken to demolish any of the buildings and respondent No.5 has already sent a communication to the Municipality of Seoni and it is submitted that all the actions will be subject to the legal procedure being followed by the Municipality of Seoni.

In view of such statements given by Shri Mukhtar Ahmad, this petition can be disposed of with a direction to the respondents that no adverse action shall be taken without following the due process for eviction and demolition in terms of the provisions contained in the Municipalities Act, 1961.

In above terms, petition is disposed of.

(VIVEK AGARWAL) JUDGE A.Praj.