S. S. Shah vs State Of M P

NEUTRAL CITATION NO. 2026:MPHC-JBP:88881
1 WP-45635-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
rd
ON THE 3 OF NOVEMBER, 2026
WRIT PETITION No. 45635 of 2026
CNR No.: MPHC010810952026
S. S. SHAH AND OTHERS
Versus
STATE OF M P AND OTHERS
Appearance:
Shri Rohit Jain - Advocate for the petitioners.
Shri Vineet Singh - Government Advocate for the respondents/State.
Shri Ved Prakash Tiwari - Advocate for respondent No.3/ Municipal
Corporation Bhopal on advance copy.
ORDER
The present petition has been filed seeking the following reliefs :-
"(i) Issue a writ of Certiorari quashing the impugned notice
dated 20.08.2026 (Annexure P-1);
(ii) Issue a writ of Mandamus directing the respondents to
consider the petitioners' reply dated 24.08.2026 in right
parlance and also to allow the compounding of the matter
before taking any coercive action, in the interest of justice.
(iii) That, this Hon’ble Court may also be pleased to grant any
other relief that this Hon’ble Court deems fit and just in the
facts and circumstances of the case.
(iv) Cost of the petition."
2 . Learned counsel appearing for the petitioners submits that in
identical circumstances an order has been passed by this Court in Writ
Petition No.33553/2026 (Mohammad Mumtaz Anwar Vs. The Principal
Secretary and others) dated 28.09.2026 in the following terms :-
"2. It is pointed out by the parties that the issue involved in the present
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 03-11-2026
17:07:34

NEUTRAL CITATION NO. 2026:MPHC-JBP:88881
2 WP-45635-2026
case is covered by an order passed by this Court in the case of Ajay
Mohgaonkar and others vs Municipal Corporation Bhopal and others :
WP No. 14159 of 2021 which has been disposed of on 08.09.2026 in
the following terms :
These petitions are filed assailing the show cause notices dated
18.06.2021 and 28.07.2021 respectively whereby the freehold property
of the Petitioners which fell under the area declared as “commercial”
within the master plan, have been threatened to be sealed and
demolished because it is being used for commercial purpose instead of
residential purpose. The action of the Respondents is illegal since the
entire area has been earmarked as “commercial” under the master plan,
and the petitioners have already got the property ‘converted to freehold
from leasehold. Despite the same, the petitioners have been informed
that their buildings will be sealed and demolished. Hence, this petition.
Counsel appearing for the petitioners submits that the reply is filed
which is not considered by the authorities. Some documents are filed
along with the application to show that they are the owner of the
property in question. However, the fact remains that the petitioners are
assailing the show cause notices, to which, the petitioners have already
submitted their reply in the matter. However, the reply is not on record.
Counsel appearing for the respondents fairly submits that the matter
can be disposed off directing the authorities to take final decision in
accordance with law taking into note of the judgment passed by the
Hon'ble Supreme Court in the case of Rajendra Kumar Barjatya and
Another v. U.P. Avas Evam Vikas Parishad and Others reported in
2024 SCC OnLine SC 3767.
Considering the facts and circumstances of the case, this Court deems it
appropriate to dispose off these writ petitions with liberty to the
petitioners to file a detailed reply to the show cause notices annexing
all the relevant documents within seven days from today, if not already
filed and thereafter the authorities to consider and take a final decision
with respect to the property of the petitioners, in accordance with law,
taking note of the judgment passed by the Hon'ble Supreme Court in
the case of Rajendra Kumar Barjatya (supra).
Counsel appearing for the respondent/ Corporation submits that the
entire exercise will be completed within a period of four weeks from
today.
His statement is placed on record.
In view of the aforesaid, the petitions stand disposed off, granting four
weeks' time to the respondent/Corporation to take a final decision in the
matter after giving audience to the petitioners, following the law as
well as directives issued by the Hon'ble Supreme Court in the case of
Rajendra Kumar Barjatya (supra).
Till the final decision is taken by the authorities, the interim order
granted way back on 05.08.2021 and 16.08.2021 to continue.
Accordingly, the petitions stand disposed off.
3.In view whereof, it is directed that the directions/observations issued
in the case of Ajay Mohgaonkar and others vs Municipal Corporation
Bhopal and others : WP No. 14159 of 2021 shall apply mutatis
mutandis to the facts of the present case.
4.Under these circumstances, the respondents/Corporation is

Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 03-11-2026
17:07:34

NEUTRAL CITATION NO. 2026:MPHC-JBP:88881
3 WP-45635-2026
granted four weeks' time to take a final decision in the matter after
giving audience to the petitioner, following the law as well as
directives issued by the Hon'ble Supreme Court in the case of Rajendra
Kumar Barjatya (supra). Till the final decision is taken by the
authorities, no coercive action in pursuance to the impugned order be
taken against the petitioner.
5.In above terms, the writ petition is disposed of finally. No order as to
costs."

3 . The petitioners are identically situated, therefore, learned counsel
for the petitioners prays for similar relief to be granted to them.
4 . Learned counsel appearing for respondent No.3/ Municipal
Corporation on advance notice fairly submits before this Court that the
present petition is identical to Writ Petition No.33553/2026 and the same can
be disposed of in the light of the order dated 28.09.2026 passed in Writ
Petition No.33553/2026. They will consider the reply filed by the petitioners
and pass a final order giving audience to the petitioners. His statement is
placed on record.
5 . Under these circumstances, it is directed that the
directions/observations issued in the case of Mohammad Mumtaz Anwar
(supra) shall apply mutatis mutandis to the facts of the present case.
6 . Considering the facts and circumstances of the case, this Court
deems it appropriate to dispose of this writ petition with liberty to the
petitioners to file a detailed reply to the show cause notice annexing all the
relevant documents within seven working days from today, if not already
filed, and thereafter the authorities to consider and take a final decision with
respect to the property of the petitioners, in accordance with law, taking note
of the judgment passed by the Hon'ble Supreme Court in the case of
Rajendra Kumar Barjatya and Another Vs. U.P. Avas Evam Vikas Parishad
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 03-11-2026
17:07:34

NEUTRAL CITATION NO. 2026:MPHC-JBP:88881
4 WP-45635-2026
and Others reported in 2024 SCC OnLine SC 3767. The

respondent/Corporation is granted four weeks' time to take a final decision in
the matter after giving audience to the petitioners following the law as well
as directives issued by the Hon'ble Supreme Court in the case of Rajendra
Kumar Barjatya (supra).
7. Till the final decision is taken by the authorities, no coercive action
in pursuance to the impugned order be taken against the petitioners.
8. In above terms, the writ petition is disposed of finally. No order
as to costs.
(VISHAL MISHRA)
JUDGE
Shbhnkr

Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 03-11-2026
17:07:34