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2014 Supreme(MP) 87

S.K.GANGELE, D.K.PALIWAL
Nagar Parishad, Kailaras – Appellant
Versus
State of M. P. – Respondent


Advocates:
Anil Kumar Shrivastava for petitioner in Writ Petition No.4900/2012;
Anil Sharma for petitioners in Writ Petition No.6950/2012;
N.K. Gupta for petitioners in Writ Petitions No.628/2013
and 633/2013;
M.P.S. Raghuvanshi, Additional Advocate General for respondent No.1/State, in Writ Petition No.4900/2012 for respondents No.1 to 3/State,
in Writ Petitions No.6950/2012, 628/2013 and 633/2013; K.K. Sharma for respondents No.2 and 3 Railways in Writ Petition No.4900/2012;
Prashant Sharma for respondent No.4 in Writ Petitions No.6950/2012, 628/2013 and 633/2013;
Harish Dixit for respondents No.5 and 6 in Writ Petition No.6950/2012 and for respondent No.5 in Writ Petition No.633/2013 and Nakul Khedkar for respondent No.7 Nagar Palika Parishad in Writ Petition No.6950/2012 and for respondent No.6/Nagar Panchayat in
Writ Petitions No.628/2013 and 633/2013.

ORDER

Gangele, J. -- 1. All these writ petitions have been filed against demolition of 209 shops constructed by Municipal Council, Kailaras under the guise of encroachment. Writ Petition No.4900/2012 has been filed by Nagar Parishad, Kailaras and Writ Petition No.6950/2012 (Munabbar Khan and others v. State of M.P. and others), Writ Petition No.628/2012 (Omprakash Garg and others v. State of M.P. and others), and Writ Petition No.633/2013 (Devkripasad Bansal and another v. State of M.P. and others), have been filed by shopkeepers who had granted shops on lease. Because common questions of law and facts are involved in all these writ petitions, hence, they are heard together and being disposed of by this common order.

2. Nagar Parishad, Kailaras pleaded in the petition (Writ Petition No.4900/2012) that it had constructed shops in between 1982-1985, permission had been taken from the State Government before construction of shops. The shops were leased out to different persons. Without giving any notice or following the procedure prescribed under section 248 of M.P. Land Revenue Code (hereinafter referred to as “the Code”), the shops were demolished. Videography was also made by Nagar P































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