SAGEER ALI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) THESE writ petitions are directed against the action initiated by respondents on 3.9.2014 by which it is directed that the petitioners to remove the structures made after encroachment on the nazul land within 24 hours or else the respondent No. 6 -Municipal Council, Mandla will take steps for removal of the said structures.

(3.) A return has been filed by the respondent No. 6 contending specifically that the petitioners were the encroacher and they have made unauthorized structures over the nazul land. They were creating nuisance and, therefore, after receipt of the complaints, action was taken by the respondent for removal of such an unauthorized construction. Alongwith the return an application for vacating stay was also filed by the respondent No. 6. However, since the documents were not filed alongwith the return or with the aforesaid application, IA No. 15600/2014 was filed by the respondent No. 6 for taking additional documents on record. These applications were served on the petitioners, but the replies of the said applications have not been filed as yet.