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2024 Supreme(MP) 572
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Subodh Abhyankar, J.
Vijay Nahar S/o Shri Kanakmal Nahar - Petitioner
Vs.
The Municipal Council Jaora Chief - Respondent
Writ Petition No. 18370 of 2022
Decided On : 04-04-2024
Advocate Appeared:
For the Appellant :Shri B.L. Pavecha, Senior Advocate With Shri Nitin Phadke, Adv.
For the Respondent: Shri Rishi Shrivastava, Ms. Harshlata Soni, G.A.
Judicial authorities must adhere to court orders; any attempt to bypass them constitutes judicial overreach.
Headnote:(A) Constitution of India - Article 226 - Writ petition for quashing orders regarding demolition of construction - Petitioner challenged orders revoking building permission and directing removal of construction, claiming legal occupancy since 2003 - Court found actions of respondents to be in violation of its interim order, indicating judicial overreach. (Paras 1, 9, 20)
(B) Judicial Overreach - Court emphasized that actions taken by authorities must respect judicial orders, and any attempt to bypass such orders is impermissible. (Paras 9, 20)
Facts of the case:
The petitioner constructed a godown in 2003 after obtaining permission, but faced demolition orders in 2022, leading to this writ petition.
Findings of Court:
The court found that the Tehsildar acted in violation of its interim order, warranting contempt proceedings against him.
Issues: The main issues included the legality of the demolition orders and the authority of the Tehsildar to act post-interim order.
Ratio Decidendi: The court ruled that the Tehsildar's actions constituted judicial overreach and undermined the authority of the court's order.
Result: Petition disposed of with directions for contempt proceedings against the Tehsildar.
ORDER :
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
“a. A writ in the nature of certiorari/mandamus or any other appropriate writ, order or direction in exercising of writ jurisdiction of this Hon’ble Court be issued for quashment of the order Annexure P/1 dated 27.07.2022, order Annexure P/2 dated 28. 07.2022 and the notice Annexure P/3 dated 01.08.2022 issued by the respondents and for restraining the respondents from taking any coercive and highhanded action of demolition in respect of the building constructed by the petitioner.
a-1 That, this Hon’ble Court be pleased to quash the order dated 24.08.2022 (Annexure P/21) as also the panchnama and possession receipt (Annexure P/23).
b. A writ in the nature of certiorari/mandamus or any other appropriate writ, order or direction in exercising of writ jurisdiction of this Hon’ble Court be issued for directing the respondents for considering and taking a decision on the prayer made by the petitioner in the communications Annexure P/12.
The notices Annexure P/3A and P/3B dated 08.08.2022 in the case No.8/A-68/2022-23 issued by respondent no.3 be also quashed by issuance of a writ in the nature of mandamus/certiorari or by any other appropriate writ, order or direction.
c. Costs of the petition be awarded to the petitioner from the respondents; and
d. Any other relief which this Hon’ble Court may deem fit in the facts of the present case may be granted to the petitioner.”
2. Initially, the petition was filed against the order dated 27/07/2022, 28/07/2022 and 01/08/2022, wherein, vide order dated 27/07/2022, the petitioner’s building permission which was granted to him on 09/10/2003, has been revoked, whereas vide order dated 28/07/2022, the petitioner’s representation submitted by him pursuant to an order passed by this Court in WP No.3886/2012, has been rejected, whereas vide order dated 01/08/2022, the petitioner has been directed to vacate the disputed premises. However, on 08/08/2022, when the interim order was passed by this Court in the present petition staying the aforesaid impugned orders, soon thereafter on 08/08/2022 itself, the petitioner was also served a notice on 08/08/2022, issued by the Tehsildar initiating the proceedings under Section 248 of the M.P. Land Revenue Code against the petitioner directing him to /alleging unauthorised possession of land, thus, the petitioner has also challenged the said subsequent notice dated 08/08/2022 by way of amendment, order dated 24/08/2022 whereby an order u/s.248 of M.P.L.R.C. was passed against him, imposing a cost of Rs.1 Lakh and directing to remove the godown, as also the notice dated 01.09.2022 jointly with possession slip and Panchanama (Annexure-P/22).
3. In brief, the facts of the case are that in the year 1970-71, the respondent no.1 Municipal Council, Jaora allotted an area admeasuring 44567 sq. ft. to the petitioner’s father Kanakmal Nahar, however, subsequently under an interim agreement dated 16/12/1987, only a portion of land admeasuring 13857 sq. ft. was retained by the petitioner’s father while the remaining area admeasuring 30710 sq. ft. was handed over to respondent No.1. Subsequently, on the basis of the building permission which was granted to the petitioner in the year 2003, a go-down was constructed by the petitioner on the land allotted to it, but in the year 2005, the aforesaid godown was locked and sealed by the respondents on the allegation of contravention of the terms of the allotment, hence, a writ petition being WP No.1/2006 was filed by the petitioner against the aforesaid action, which was disposed of by this Court on 13/10/2006, directing the respondents to remove the lock and seal with a further direction to decide the petitioner’s representation. Against the aforesaid order dated 13/10/2006, a writ appeal No.492/2006 was also preferred by the Respondent no.1 Municipal Council, Jaora but the same was also rejected
