01Facts
The petitioner challenged a show-cause notice dated 25 March 2022 issued by the Chief Municipal Officer, Municipal Council, Bhind, alleging that construction at his shop encroached on government land and the adjoining public road.
pp. 1–3He claimed ownership under registered sale deeds and disputed the alleged encroachment and demarcation.
pp. 1–3He also alleged that his documents and objections had not been properly considered.
pp. 1–3The Court had granted interim protection on 28 April 2022, which remained in force while the petition was pending.
pp. 1–302Issues
i.1. Whether the show-cause notice should be quashed because the interim protection had remained in force during the pendency of the petition and the proposed demolition action had lost efficacy with the passage of time.
p. 3ii.2. Whether the Court should determine the parties’ competing claims concerning title, possession, and the alleged encroachment in the present writ proceedings.
pp. 3–403Law Applied
Article 226 of the Constitution confers writ jurisdiction on the High Court.
p. 2, 4The petitioner also invoked Article 300-A, which protects a person from deprivation of property except by authority of law, and relied on the principles of natural justice.
p. 2, 4It directed that any fresh proceedings be conducted in accordance with law, with a reasonable opportunity of hearing and consideration of the petitioner’s objections and documents.
p. 2, 404Reasoning
The Court considered that the petition had been pending since 2022 and that interim protection against action pursuant to the notice had continued since 28 April 2022.
pp. 3–4In those circumstances, it held that the proposed demolition action under the 25 March 2022 notice had lost its efficacy with the passage of time, and that no useful purpose would be served by continuing the proceedings to determine the underlying controversy.
pp. 3–4It therefore left the rival claims—including title, possession, and the correctness of the demarcation—undecided.
pp. 3–405Holding
The Court quashed the show-cause notice dated 25 March 2022 and allowed and disposed of the petition.
p. 4It granted the Chief Municipal Officer liberty to initiate fresh proceedings and issue a fresh notice if warranted.
p. 4Any such proceedings must afford the petitioner a reasonable opportunity of hearing, consider his objections and supporting documents—including those concerning ownership and construction permission—and result in a reasoned order in accordance with law.
p. 4The Court expressed no opinion on the merits.
p. 4Original Court PDF
Anil Kumar VermavsThe State Of Madhya Pradesh
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