RANJEET SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner, being aggrieved by the order dtd. 31/5/2023 passed by the Chief Municipal Officer, Municipal Council, Sendhwa, District Barwani, whereby a direction has been issued to remove the house in a dilapidated condition himself or the same shall be demolished. Counsel for the petitioner submits that against the impugned order, there is a remedy of appeal under Sec. 307 of the M. P. Municipalities Act, 1961 and therefore, prays for liberty to file an appeal against the impugned order under the said provision and till then, protection may be granted.

(2.) After hearing learned counsel for the parties, I deem it proper to dispose o f the petition with a liberty to the petitioner to file an appeal against the impugned order before the competent authority within 07 days alongwith an application for grant of stay. If the appeal is filed alongwith the said application within the stipulated period, the same shall be considered and decided by the Appellate Authority. The application for stay shall be considered by the Appellate Authority, in accordance with the law within a period of 07 days thereafter. Till the application for stay is decided by the Appellate Authority, no further demolition shall take place. With the aforesaid, this writ petition is disposed of.