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2023 Supreme(MP) 881

VIJAY KUMAR SHUKLA
Ritika Hasanandani, W/o. Mahesh Hasanandani – Appellant
Versus
Commissioner, Indore Municipal Corporation, Dist. Indore (Madhya Pradesh) – Respondent


Advocates Appeared:
For the Petitioners: Shri Veer Kumar Jain, Sr. Adv. with Shri Nilesh Sharma, Adv.
For the Respondents: Shri Amol Shrivastava.

ORDER :

The present petition is filed under Article 226 of the Constitution of India seeking a direction to the respondents to acknowledge deemed permission regarding application dated 29/12/2022, 7/2/2023 and 24/2/2023 for obtaining permission for change of the occupancy in the premises of petitioners(G-1, Shubh Apartment, 20 Saket Nagar, Indore M.P.)

2. The facts of the case are that the house No. 20, Saket Nagar is G-4 building and width of road is 12 meters. The petitioners purchased flat no. G-1 (ground floor) in the said building from the owner thereof on 7/2/2013. From the said date the petitioners are using the above premises along with MOS area, temporarily covered by shed) without any interruption of other flat owners of the above building because there is separate entrance for other flat owners. The petitioners are using the above premises for commercial purpose without any interruption of other flat owners and respondents. The petitioners are paying property tax at commercial rates and also continuously paying electricity bills for commercial use. The petitioner No.1 being the co-owner of the above premises has constituted a partnership firm 'Hasanandani Foods' with the c

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