The principle of natural justice and fair hearing must be adhered to before taking any adverse action against the petitioner.

JUDGMENT

anil Verma, J. - With consent of the parties matter is heard finally at motion stage.

This petition is filed by the petitioner under article 227 of the Constitution of India being aggrieved by order dated 4.4.2022 passed by Principal District Judge Mandsaur in M.C.a. No. 284/2021 whereby the order dated 30.1.2021 passed by additional Judge to Civil Judge Senior Division Sitamau in RCa No. 178a/2020 has been affirmed whereby an application under Order 39 Rules 1 & 2 read with section 151 of CPC filed by petitioner has been dismissed.

The facts in brief are that petitioner/plaintiff is the owner of land bearing survey No. 212/5 area 165 x 48.75 ft. situated at village Belara Tehsil Sitamau, which was allotted to him by Gram Panchayat Belara by lease certificate dated 3.11.2007. He has constructed a residential house on the land. The lease of petitioner has never been cancelled nor revoked by respondents and without issuing any show cause notice to the petitioner, the respondents are taking action for demolition of the house of petitioner. Therefore, petitioner has filed a suit for permanent injunction alongwith an application under Order 39 Rules 1 & 2 read with Section 151 of CPC. after hearing both the parties the trial court has rejected the same by order dated 3.1.2021. The petitioner has preferred an appeal before the first appellate court but the same was also dismissed by order dated 4.4.2022. Therefore, petitioner has filed this petition.

Learned counsel for the petitioner submits that the impugned orders passed by both the courts below are illegal, contrary to law and also against the settled principle of law. From perusal of copy of lease it is evident that after getting lease, petitioner has constructed the house. If the lease papers are not available on record of Panchayat, it is not fault of the petitioner. He further submits that without giving proper opportunity of hearing, the respondents are intended to demolish the house of the petitioner. Hence he prays that both the impugned orders dated 4.4.2022 and 3.1.2021 may be set aside and petitioner's application under Order 39 Rules 1 & 2 of CPC be allowed.

Per contra, learned counsel for State supported the impugned orders and pray for its rejection.

Heard learned counsel for the parties and perused all the relevant documents filed by petitioner.

after perusal of the record it appears that petitioner has filed a copy of lease certificate issued by Gram Panchayat Belara. Title of the certificate is ??? ??? ??? ?????? ??????? ?? ??? ???? ???? ???? ???? ?? ?????? ???? Till now the aforesaid lease granted in favour of the petitioner has never been cancelled or revoked by the respondents at any point of time and it appears that respondents are taking action for demolition of suit house of the petitioner without giving any proper opportunity to him.

Considering the aforesaid, this court is of the considered view that it will be just and proper to dispose of the petition with a direction to the respondents to afford an opportunity of hearing to the petitioner by providing a show cause notice to him and opportunity to file reply to the same.

accordingly this petition is partly allowed and impugned orders dated 4.4.2022 and 3.1.2021 are hereby set aside and respondents are directed to afford an opportunity of hearing to the petitioner by providing a show cause notice to him and grant opportunity to the petitioner to file reply to the same and thereafter respondents shall pass a fresh speaking order after hearing the petitioner.

Till the order is passed by respondents, no demolition shall take place on the house of the petitioner in question. If any adverse order is passed against the petitioner the same shall not be given effect to for a period of 7 days.

With the aforesaid, the present petition stands disposed off.

C.C. as per rules.