IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 7 OF JULY, 2022 WRIT PETITION No. 13711 of 2022 Between:-

MUKESH PATWA S/O ANANDILAL AGED ABOUT 53 YEARS, OCCUPATION: BUSINESS

201 SHASTRI TOWER

6/6 NIHAL PURA JAWHAR MARG (MADHYA PRADESH)

.....PETITIONER (SHRI GOVIND PAL SINGH SONGARA, LEARNED COUNSEL FOR THE PETITIONER )

AND STATE OF MADHYA PRADESH PRINCIPAL SECRETARY

1.

URBAN DEVELOPMENT VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH)

COMMISSIONER DIVISION INDORE COMMISSIONER OFFICE

2.

MG ROAD (MADHYA PRADESH)

COLLECTOR INDORE

3.

DISTRICT INDORE COLLECTOR OFFICE (MADHYA PRADESH) COMMISSIONER INDORE MUNICIPAL CORPORATION R/O

4.

IMC OFFICE (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANIKET NAIK, LEARNED COUNSEL FOR THE RESPONDENT [R-4])

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

ORDER

The petitioner has filed this present petition alleging that although he has been allotted a shop in a different complex by the Municipal Corporation but he is not getting any business because the Municipal Corporation is not removing the hawkers who are running their business at his previous place of business.

According to the petitioner, earlier at the place where, he was doing his business, was declared as Heritage and therefore, he was shifted to a shop at newly constructed complex. But after the development of the said heritage site, some hawkers have started their business by encroaching public foot-path. The grievance of the petitioner is that some hawkers who have built some temporary shops and Thelas there, are adversely affecting his business.

Heard.

The petitioner has filed copy of notice dated 28.10.2020 alongwith this petition, whereby shop No. 105 had been allotted to his wife Sunita. Hence, the petitioner cannot file a petition on behalf of his wife. If she is aggrieved she herself can file a petition.

The petitioner is relying on various representations submitted by Retail Government Association, Vyapari Sangh, Readymade Vyapari Sangh, Bohra Bazar Vyapari Sangh and Gopal Mandir Rajbada Vyapari Association, which they already submitted to municipal corporation for the same grievance. If the associations are aggrieved in this matter, they may avail remedy under the law. raise their grievance by filing a PIL. The petitioner as an individual person in the present petition is not in a position to satisfy this Court as to how the present writ petition is maintainable for want of his locus.

The writ petition is accordingly dismissed for want of locus.

C.C. as per rules.

(Vivek Rusia) (Anil Verma)

Judge Judge BDJ Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.07.07 18:38:09 +05'30'