Madhya Pradesh High Court
Dinesh Chand Agrawal vs Malaya Shrivastava on 19 January, 2018
1
THE HIGH COURT OF MADHYA PRADESH
CONC-536-2017
(DINESH CHAND AGARWAL VS. MALAYA SHRIVASTAVA)
Gwalior, Dated : 19.01.2018
Shri Santosh Agrawal, learned counsel for the
petitioner.
Petitioner alleges willful disobedience of the order
dated 20.03.2012 in W.P. No. 225/2012. The order is in
following terms :
"After arguing for sometime, learned counsel
for the parties reached to consensus.
Accordingly, the following consent order is
passed.
1) The layout plan/map filed by the GDA
contains a portion of land, which is marked as
"Block-A". As per this map, there is 6 mts.
wide road adjacent to plots No. 10 & 21 of the
said Block. In fact, there is a circular road of 6
mts. width which travels from two sides of
plots No. 10 & 21.
2) The parties submit that this road shown in
the map/layout plan shall be maintained and
shall not be encroached by anyone. If there is
any encroachment by anybody, it will be
contrary to the map and the GDA and
Municipal Corporation will remove the same
in accordance with law.
With the aforesaid, the petition stands
disposed of."
Learned counsel though alleges willful
disobedience of the said impugned order, however, it is
apparent from the order that the same is consent order
and a liberty is granted to the GDA and Municipal
Corporation in case if there is any encorachment to
remove the same in accordance with law.
2
As no mandamus has been issued, this Court does
not perceive any willful disobedience as would warrant
any action against the respondent.
Petition stands disposed of.
(Sanjay Yadav) Judge Aman AMAN Digitally signed by AMAN TIWARI DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=HIGH COURT OF M.P. BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=bea052f71cef72afe5e39f2eae9a37 TIWARI de51b4fa661b7b0f9cbd3dd2d32bb64d61, serialNumber=76d6dd39e2b40d9e41e9e20 154e9d48fbd82166360142e9f5187ba27e13 43d0e, cn=AMAN TIWARI Date: 2018.01.22 17:47:18 -08'00'