(1.) The petitioner claims to have succeeded ancestral property bearing house No. 1333, ward No. 35, Patankar Bazar Chauraha Lashkar, Gwalior (M.P.). He apprehends demolition of said property by the respondents without following due procedure of law.
(2.) The petitioner has contended in this writ petition that the property in question which includes a temple has been declared to be a private property by the Civil Court vide its judgment and decree dated 28.06.2006 in civil suit No. 77A/2004. According to the petitioner, there is no encroachment on the property in question but despite that the respondents have put red marks on various places on the property in question on 08.03.2011 and thereby communicated their intention to demolish the portion earmarked by putting red marks on the property in question. It is alleged by the petitioner that the respondents have not given any notice or opportunity of hearing to him before red marks on the property in question were put by the respondents.
(3.) Mr. V.K. Bharadwaj, learned senior counsel appearing on behalf of the petitioner says on instruction that the respondents have already demolished some portion of the suit property pursuant to the red marks put by them on 08.03.2011. However, Mr. M.P.S Raghuvanshi, learned Additional Advocate General appearing on behalf of the respondents/State contends that the entire portion covered by red marks have already been demolished by the respondents as the said portion was an illegal encroachment.