AHMAD ALI Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner submits that he is legally in possession of some part of the building in question. It is further stated that he is carrying his business of "Bidi" manufacturing from the said building. It is stated that he is a tenant of respondent No.3 in the said building. Petitioner has prayed for restraining the respondents to initiate the proceedings to demolish the building/premises in which petitioner is residing and prayed for production of expert report regarding the condition of building in question. It is submitted by the petitioner that the building is in well and good condition, therefore, there is no need to demolish the said building. The petitioner has relied on a letter dated 17.4.2012 (Annexure P-3) which shows that a map was directed to be made by the Executive Engineer, PWD to determine the area of the building which is in dilapidated condition. The Municipal Council, respondent No.2 has issued notices (Annexure P-4) for demolishing of the building. The petitioner has submitted his reply. The case of the petitioner is that without determining the correct position of the building, respondents are proceeding further to demolish the same, which is bad in law. He submits that it violates Articles 14,19 and 21 of the Constitution.

(2.) PER contra, learned counsel for the respondents submit that the petitioner is guilty of suppression of material facts. He filed a civil suit No. 8A/12 on 2.4.2012. In the said case, the interim application preferred under Order 39 Rule 1 & 2 r/w Section 151 C.P.C. was decided by the trial Court on 12.4.2012 which shows that the Court below has rejected the said application. The petitioner has suppressed about this order in the present proceedings and has not approached the Court with purity.

(3.) SHRI Vivek Mishra, learned counsel for the petitioner, vehemently argued that there is no suppression of facts by him. By placing reliance on ground 6(D) of writ petition, the learned counsel submits that this is full and complete disclosure of facts by him. It is profitable to quote the said averment of ground 6(D) as under:-