Madhya Pradesh High Court
Smt. Ramshri Parihar vs The State Of Madhya Pradesh Thr on 27 October, 2016
W.P.7630/2016
Smt. Ramshri Parihar Vs. State of M.P.
27.10.2016
Shri A.S.Bhadoriya, learned counsel for the
petitioner.
Ms. Sudha Shrivastava, learned Government
Advocate for respondent/State.
This petition has been filed claiming that in the garb of the order passed by this Court in W.P.No.6455/2015 on 29.09.2015, petitioner is being treated as an enchroacher by one Shri R.N.Yadav and N.S.Gurjar and The Commissioner Municipal Corporation is trying to remove the structure treating to be an encroachment.
Learned counsel for the petitioner submits that earlier one Civil Suit was filed before the Court of 13 th Civil Judge, Class-II, Gwalior and was registered as RCS/25-A/2009. In that case plaintiff Munni Devi had also alleged that present petitioner who was defendant No.2 in the said suit is an encraocher and that suit has been decided against Munni Devi.
When petitioner is categorically asked to show documents regarding her title in relation to the property in question, she submits that she be provided an opportunity of hearing by the Commissioner before taking any adverse action against her. She also undertakes to file all documentary evidence in her possession so as to rebut the contention of certain private individuals that petitioner is an encroacher.
In view of the aforesaid submission, this writ petition is disposed of with a direction to respondent No.3 to provide an opportunity of hearing to the petitioner. The petitioner shall appear before the respondent No.3 on W.P.7630/2016 04.11.2016 at 11:00 am for which no separate notice is required and submit all the documents in her possession to show her title. The Commissioner, Municipal Corporation Gwalior after affording an opportunity of hearing shall pass necessary orders. Till then, status quo shall be maintained as it exists today. Petition is disposed of accordingly.
(Vivek Agarwal)
APC Judge