IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 13 OF APRIL, 2024 WRIT PETITION No. 9666 of 2024 BETWEEN:-

1. VALLABH SARAF S/O LATE VRANDHAVANDAS SARAF, AGED ABOUT 39 YEARS, OCCUPATION: BUSINESS 217, ABOVE STATE BANK OF INDIA, M.G. ROAD, MAHESHWAR, DIST. KHARGONE (MADHYA PRADESH)

2. SMT. SHARDA SARAF W/O LATE VRANDHAVANDAS SARAF, AGED ABOUT 65 YEARS, OCCUPATION: HOUSEWIFE 217, ABOVE STATE BANK OF INDIA, M.G. ROAD, MAHESHWAR, DIST. KHARGONE (MADHYA PRADESH)

.....PETITIONERS (BY SHRI VINAY GANDHI, ADVOCATE)

AND NAGAR PARISHAD MAHESHWAR CHIEF MUNICIPAL OFFICER MAHESHWAR, DIST. KHARGONE (MADHYA PRADESH)

.....RESPONDENTS This petition coming on for admission this day, the court passed the following:

ORDER

This writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following relief:-

"(A) That the petition may kindly be allowed and impugned notice dated 04/03/2024 (Annexure P/1) may kindly be set aside.

(B) That this Hon'ble Court may grant any other relief as it Signature Not Verified deems fit and proper in the interest of jutice, equity and good conscience along with costs."

The grievance of the petitioners is that they are served with a notice on

04/03/2024 whereby they are directed to remove the alleged encroachment as per the marking made by the respondents on the petitioners property.

Counsel for the petitioners has submitted that the aforesaid marking has been done without any intimation to the petitioners and in the notice also, they have been straight away directed to remove the construction and thus, not even proper show cause notice has been issued to the petitioners. Counsel has also drawn the attention of this Court to the photographs of the petitioners'

construction as also the marking made on the adjacent house of the petitioners.

Heard. On due consideration, this Court is inclined to accept the submissions as advanced by the counsel for the petitioners and is of the opinion that before issuing the impugned show cause notice, the petitioners ought to have been issued proper show cause notice and the marking ought to have been made in their presence also. In such circumstances, this Court is inclined to disposed of this petition with a direction to the respondents to serve proper show cause notice to the petitioners, and after giving the notice, 15 days time may be given to them to submit their reply and then carry out the marking in their presence and passe appropriate order in accordance with law after obtaining the reply from the petitioners and if any adverse order is passed against the petitioners, the same shall not be given effect to for a further period of 15 days time so that the petitioners can take recourse of remedies which are available to them under the law.

With the aforesaid direction, petition stands disposed of.

Signature Not Verified (SUBODH ABHYANKAR)

JUDGE krjoshi Signature Not Verified