SURENDRA KUMAR BANSAL Vs. STATE OF M.P.

JUDGEMENT

(1.) BECAUSE the matter is in regard to removal of encroachment and a short prayer has been made for disposal of the petition and counsel on behalf of the respondent No. 3 is appeared, hence, with the consent of the parties, the case is being disposed of finally at the motion hearing stage. The petitioner has filed this petition against a show cause notice Annexure P/1 dated 14/09/2012. By the aforesaid notice, the petitioner is directed to remove the encroachment over an area of land measuring 7 x 25 feet situate at Main Bazar, Ward No. 14, Sheopur.

(2.) EARLIER , a notice was issued to the petitioner on 11/6/2012. By the aforesaid notice, the petitioner was directed to submit a reply within a period of seven days in regard to ownership of the house and permission granted by the Municipal Council for the purpose of construction of the house. The petitioner submitted the reply, copy of which has been filed as Annexure P/3. The petitioner mentioned in the reply that he had not made any encroachment and he is the owner of the house. He further submitted the documents in regard to grant of permission for construction of the house and title deeds. However, vide impugned notice, without considering the reply of the petitioner, the petitioner was directed to remove the encroachment over an area measuring 7 x 25 feet.

(3.) IN this view of the matter, this petition is disposed of with the following directions: -