IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

rd

ON THE 23 OF FEBRUARY, 2026 WRIT PETITION No. 6136 of 2026 NASIR KHAN AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Abhijit Bhoumik - Advocate and Shri Ajay Sen - Advocate for the petitioners..

Sjhri V.S. Choudhary - Government Advocate for the respondent No.1/State.

ORDER This petition has been filed seeking following reliefs:-

"i. That, this Hon’ble court may kindly be pleased to issue a writ of Mandamus and direct the respondent no.- 2 to take action as per the provision of section 310 of M.P. Municipal Corporation Act, 1956 and demolish the house of petitioner, which is in dilapidated condition and not fit for the residential or commercial activities.

ii That, this Hon’ble Court may further be pleased to issue a writ of mandamus and direct the respondent no.- 2 to demolish the house of petitioner and recover the cost of demolishing proceedings to the petitioners as per the provision of section 310 (2) of M.P. Municipal Corporation Act, and the petitioners are ready pay the same.

iii. That, any other writ direction order as may be deemed fit in the circumstances may also be awarded along with the cost of litigation."

2. The facts leading to this petition, in brief, are that the petitioners are the owners of Sheet No.-7, Plot No.-93/9 situated at Deshbandhu Ward, Tikari Betul, Tehsil and Distt.- Betul (M.P.), in which the house of the petitioners was constructed by their father namely Peer Khan in his life time. A shop measuring 8 x 9=72 Sq. Ft. was situated at ground floor of the aforesaid house, which had been let out by the father of petitioners to the respondent no.-3- Rajendra Rathor about 25 years ago. As the said house is in a dilapidated condition, the Municipal Council, Betul issued notices under section 310 of the M.P. Municipal Corporation Act, 1956 to demolish the house.

3. The respondent No.3, who is the tenant of the petitioners in the aforesaid shop, filed a Civil Suit No.267A/2017 seeking the relief of permanent injunction against the mother of petitioners and the petitioners, which was decreed by the 3rd Civil Judge, Betul vide judgment and decree dated 25.09.2024 (Annexure P/3) restraining the petitioners to dispossess him from the shop in question. It was also directed by the Civil Court to remove the wall constructed in front of said shop. Being aggrieved by the judgment and decree of the Civil Court, petitioners filed MJC No.137/2025 before the District Court, which was dismissed on the ground of delay vide order dated 09.12.2025 (Annexure P/5) passed by the First Additional District Judge, Betul. The mother of petitioner namely Mehrunis died on 19.08.2025. The present petitioners against the said order of the Appellate Court, preferred a second appeal before this Court bearing Second Appeal No.3482/2025 but the same has also been dismissed by this Court vide order dated 06.02.2026 (Annexure P/6). The respondent no.3 is pursuing proceedings before the trial court for execution of the judgment and decree passed by the Civil Court. The case of the petitioners is further that the house of the petitioners in which the rented shop is situated is in dilapidated condition and therefore the possession of the shop cannot be given as the Municipal Council, Betul has issued notices to the petitioners to demolish the same.

4. Learned counsel appearing for the petitioners has drawn attention of this Court to the judgment and decree passed by the Civil Court i.e. 3rd Civil Judge (Junior Division), Betul dated 25.09.2024 (Annexure P/3) in Civil Suit bearing No.RCS-A267/2017 wherein it has been observed as under:-

"अ. यह घो(cid:7)षत (cid:10)कया जाता है (cid:10)क (cid:15)ितवाद(cid:19)गण वाद(cid:19)

से वाद(cid:24)tiत दकु ान शीट नंबर 7 (cid:34)लाट नंबर 93/9 रकबा 72 वगफ(cid:36) ु ट, (cid:38)जसम(cid:40) वाद(cid:19) (cid:7)(cid:15)ं(cid:10)टंग (cid:15)ेस संचािलत करता है, को गैर कानूनी ढंग से खाली कराकर क(cid:45)जा (ci