IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 14 OF JANUARY, 2026 CIVIL REVISION No. 1214 of 2024

HETRAM RAJORIYA

Versus

NAGAR PALIKA NIGAM GWALIOR AND OTHERS

Appearance:

Mr. Ashok Kumar Ahirwar and Mr. Shriratan Nigam - Advocates for

applicant.

None for respondent No. 1.

Mr. Ghanshyam Singh - Advocate for respondent No. 2.

ORDER

This civil revision under Section 115 of CPC has been filed against the

order dated 30/9/2024 passed by Seventh District Judge, District Gwalior in MJC No. 405/2019, by which application filed by applicant under Section 307(5) of

M.P. Municipal Corporation Act has been rejected.

2. At the beginning, this Court would like to point out that respondent No.

1 - Municipal Corporation, Gwalior did not file any reply and although respondent No. 2 - Ravi Singh Imle, who is alleged to have encroached upon the government land and have constructed the building without obtaining building permission, filed his written statement, but when the case was fixed for examination of respondent/defendant witnesses, then on 25/9/2024, he expressed that he does not wish to lead any evidence, and accordingly, right of defendant to lead evidence was closed. Thus, it is clear that although written statement of respondent No. 2 is

on record, but he did not lead any evidence.

3. The facts necessary for disposal of present revision, in short, are that applicant filed an application under Section 307(5) of M.P. Municipal Corporation Act alleging that respondent No. 2 has constructed a two storey building on the southern-eastern side of house of applicant without obtaining building permission. It was further alleged that respondent No. 2 has also encroached upon public street which has narrowed down the street. Earlier, the width of public street was approximately 15-20 feet, but after the encroachment by respondent No. 2, the width of public street has got narrowed down substantially. Earlier also, respondent No. 2 had encroached upon government Well after cutting the trees, and when the SDM did not take any action, then son of applicant filed writ petition before this Court which was registered as W.P. No. 653/2017, and on the orders of this Court, encroachment from the Well was removed. On 19/12/2017, son of applicant made a complaint to Commissioner, Municipal Corporation, Gwalior in Jan Sunwai about the act of respondent No. 2 in narrowing down the width of public street as well as about the illegal construction of building, but no action has been taken so far. Thus, it was claimed that respondent No. 2 has encroached upon the public street, thereby narrowing down its width, and since no action has been taken, therefore, it was prayed that encroachment made by respondent No. 2 on the public street be removed immediately.

4. Respondent No. 2 filed his written statement and claimed that he has not constructed any building after encroaching upon public street. A certificate was also issued by Councellor of Ward No. 28 on 25/10/2019 in this regard. It was also claimed that no adverse order has been passed by the High Court in W.P. No. 653/2017, and accordingly, it was prayed that application filed by applicant be dismissed being misconceived.

5. Applicant examined himself as well as Sanjay Singh in support of his contention. Evidence of applicant was closed on 18/9/2024 and the case was fixed for recording of defendants' evidence on 25/9/2024. On 25/9/2024, respondent No. 2 expressed that he does not wish to lead any evidence, and accordingly, right of defendant to lead evidence was closed and case was fixed for final arguments.

6. By the impugned order, Trial Court has rejected the application filed under Section 307(5) of M.P. Municipal Corporation Act.

7. Challenging the order passed by Court below, it is submitted by counsel for applicant that family members of respondent No. 2 had also encroached upon the government land and had raised constructions without obtaining building permission, and accor