RANI BEE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India the petitioner apprehends threat to possession of her property on the ground that her husband has been implicated and arrested by the police in connection with an FIR registered at Crime No. 46/2023 at Police Station Unhel under Sec. 429 of the IPC and Ss. , 4, 6 and 9 of M.P. Go-Vansh Pratishedh Adhiniyam, 2004. Her apprehension is that the respondent can demolish her legally constructed house without issuance of any show cause notice.

(2.) Learned counsel for the respondent submits that there is absolutely no basis or foundation for the apprehension of the petitioner that her property would be demolished without following the due process of law.

(3.) In view of the aforesaid, I deem it fit and proper to direct the respondents to issue a show cause notice to the petitioner prior to initiation of any proceedings against her as regards demolition or otherwise of her property. In case such a notice is issued to the petitioner she be afforded ten days time for filing her reply alongwith all requisite documents and prior to taking a final decision in the matter the petitioner be also afforded an opportunity of hearing. In case the final order is against the petitioner, then the petitioner be also afforded a breathing time of seven days for challenging the same in accordance with law.