POONAMCHAND MISTRI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through Video Conferencing.

(2.) Learned counsel for the petitioner has stated before this Court that civil suit has also been filed by Nagar Parishad, Thandala, claiming title over the property and the same is pending. This Court cannot adjudicate the dispute in respect of title and once there is already a civil suit, the matter shall certainly be decided by the trial court keeping in view the evidence adduced by the parties. The constructions made if any by Nagar Prishad, Thandala, shall certainly be subject to final outcome of the civil suit.

(3.) Another aspect of the case is that earlier also the matter has come up before this court and Writ Appeal No.1365/2019, decided on 14.11.2019, a liberty was granted to file civil suit to Nagar Parishad Thandala and the same has been done. Order dated 14.11.2019 passed in W.A.No.1365/2020, reads as under :-