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2022 Supreme(MP) 749

PURUSHAINDRA KUMAR KAURAV
AKHLESH S/o RAJJAN YADAV – Appellant
Versus
MUNICIPAL CORPORATION, JABALPUR – Respondent


ORDER : – The case of the petitioner is that he is living in a house in Village Kakartala, Jabalpur. The house in question is about 70 years old and is his ancestral property. The respondent-Municipal Corporation has served a show cause notice to the petitioner mentioning the name of Rudra Yadav under section 307(2) of the Municipal Corporation Act, 1956 (hereinafter referred to as “Act of 1956” for short). By the said show cause notice dated 16-2-2021 (Annexure-P/3), the building permission and other relevant documents of ownership etc. relating to the house in question were asked within a period of three days.

2. The petitioner apprehending the demolition of the house in question, has approached this Court by way of filing Writ Petition No. 4230/2021. However, during the pendency of the said writ petition, impugned order dated 19-2-2021 (Annexure-P/5) has been issued, wherein, it is recorded that the reply of the petitioner is not satisfactory and, house in question is found to be illegally constructed. The petitioner was asked to remove his encroachment within a period of 24 hours, failing which the Corporation would take action against the petitioner. It is this order dated 19-

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