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2021 Supreme(MP) 848

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
PREETI SINGH – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : M. K. Tripathi
For Respondent: Darshan Soni, Sanjay Ram Tamrakar

ORAL ORDER MOHAMMAD RAFIQ, C. J. : – This writ petition has been filed by petitioner-Mrs. Preeti Singh seeking a direction to the respondents to immediately stop the construction of Community Hall in the land of Public Park of Indira Colony in the city of Burhanpur, with the further prayer that the respondent-State be directed to conduct an enquiry into illegalities committed by the respondent No. 5 in his functioning as Mayor of the Municipal Corporation, Burhanpur. The petitioner has placed on record few colour photographs of the Park showing unfinished construction of a Hall.

2. This Court while issuing notices of this writ petition vide its order dated 10-1-2011 directed that no further construction shall be made in the Park in question until further orders. The District Magistrate, Burhanpur was directed to ensure compliance of the said order. When the matter was listed before the Court on 2-3-2012, this Court noticed that the return filed by the respondent Nos. 4 to 6 makes it evident that there was an encroachment in the form of shed on the public way by none other than the Mayor herself, in front of her house, who is wife of respondent No. 6. This Court, therefore, directed

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