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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Neeraj – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition initiated under article 226 for land dispute. (Para 1 , 2 , 3) |
| 2. petitioner claims lawful ownership and construction on disputed land. (Para 4 , 5) |
| 3. arguments about ownership and eviction procedures. (Para 6 , 8 , 10) |
| 4. court analysis of title disputes and legality of eviction. (Para 11 , 12 , 13 , 15 , 16) |
| 5. supreme court precedent on eviction due to title disputes. (Para 14) |
| 6. court quashes eviction notice, allowing the establishment of claims. (Para 18 , 19 , 20) |
ORDER :
1. Heard.
2. Regard being had to the similitude of the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. For the sake of convenience, the facts as narrated in W.P. No.21948 of 2019 are being taken into consideration.
3. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
“7.1 quash the Notices no.82/Nazul/Reader/2019 dated 18.01.2019 and the order proceedings initiated by the respondents in furtherance thereof.
7.2 To award costs of this petition from the respondents.
7.3 Any other reliefs, which this Hon’ble Court
The government cannot summarily evict property occupants without adjudication in genuine title disputes; legal ownership must be established in a civil court.
Summary eviction is impermissible when there is a dispute over property title; due legal process must be followed.
The main legal point established in the judgment is that summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be sustained when there is a longstanding possession and a bon....
The court established that under Section 128 of the Urban Act, a personal hearing is not a statutory requirement for responding to a show cause notice.
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