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ANIL VERMA
Vasim – Appellant
Versus
Nayab Tehsildar Nayab Tehsildar Tehsil Sitamau – Respondent
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
The principle of natural justice and fair hearing must be adhered to before taking any adverse action against the petitioner.
Demolition of residential structures requires adherence to due process and cannot occur without notice and an opportunity to be heard, ensuring rights under Article 300-A are protected.
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