VIJAY NAHAR Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) Initially, the petition was filed against the order dtd. 27/07/2022, 28/07/2022 and 01/08/2022, wherein, vide order dtd. 27/07/2022, the petitioner's building permission which was granted to him on 09/10/2003, has been revoked, whereas vide order dtd. 28/07/2022, the petitioner's representation submitted by him pursuant to an order passed by this Court in WP No.3886/2012, has been rejected, whereas vide order dtd. 01/08/2022, the petitioner has been directed to vacate the disputed premises. However, on 08/08/2022, when the interim order was passed by this Court in the present petition staying the aforesaid impugned orders, soon thereafter on 08/08/2022 itself, the petitioner was also served a notice on 08/08/2022, issued by the Tehsildar initiating the proceedings under Sec. 248 of the M.P. Land Revenue Code against the petitioner directing him to /alleging unauthorised possession of land, thus, the petitioner has also challenged the said subsequent notice dtd. 08/08/2022 by way of amendment, order dtd. 24/08/2022 whereby an order u/s.248 of M.P.L.R.C. was passed against him, imposing a cost of Rs.1.00 Lakh and directing to remove the godown, as also the notice dtd. 1/9/2022 jointly with possession slip and Panchanama (Annexure-P/22).

(3.) In brief, the facts of the case are that in the year 1970-71, the respondent no.1 Municipal Council, Jaora allotted an area admeasuring 44567 sq. ft. to the petitioner's father Kanakmal Nahar, however, subsequently under an interim agreement dtd. 16/12/1987, only a portion of land admeasuring 13857 sq. ft. was retained by the petitioner's father while the remaining area admeasuring 30710 sq. ft. was handed over to respondent No.1. Subsequently, on the basis of the building permission which was granted to the petitioner in the year 2003, a go-down was constructed by the petitioner on the land allotted to it, but in the year 2005, the aforesaid godown was locked and sealed by the respondents on the allegation of contravention of the terms of the allotment, hence, a writ petition being WP No.1/2006 was filed by the petitioner against the aforesaid action, which was disposed of by this Court on 13/10/2006, directing the respondents to remove the lock and seal with a further direction to decide the petitioner's representation. Against the aforesaid order dtd. 13/10/2006, a writ appeal No.492/2006 was also preferred by the Respondent no.1 Municipal Council, Jaora but the same was also rejected vide order dtd. 01/01/2007, affirming the order passed by the Single Bench.