WP/28979/2019 of RAJNARAYAN CHOUDHARY Vs INDORE MUNICIPAL CORPORATION on 30 December 2019

HIGH COURT OF MADHYA PRADESH WP No.28979/2019

[Rajnarayan Choudhary Vs. Indore Municipal Corporation]Indore, Dated: 30/12/2019

ShriV.K.Jain,learnedSr.counselwithShriVaibhavJain,learned counsel for petitioner.

This writ petition has been filed by the petitioner under Article226oftheConstitutionagainsttheproposedactionoftherespondent to demolish the construction of the petitioner.

The petitioner has been served with the show cause notice dated26.12.2019toremovetheencroachedconstructionon27/12/2019.Thesaidnoticewasservedonthepetitioneron27/12/2019 and he was also directed to furnish the reply on thesame day i.e. on 27/12/2019. In the considered opinion of this court,the aforesaid time granted to this effect is too inadequate to file anyreplyandisalsoagainsttheprinciplesofnaturaljusticeasareasonable opportunity to file reply ought to have been granted tothe petitioner.

Counsel for petitioner has submitted that an advance copy ofthe petition has already been served.

Inviewofthesame,sincetherespondentMunicipalCorporation is not represented despite advance service of memo ofpetition, it would be expedient todispose of the petition with adirection to the respondent to not to take any coercive action till thepetitioner's reply to the aforesaid show cause notice is decided. Ifany adverse order is passed against the petitioner, the same shallnot be given effect to for a further period of seven days.

c.c as per rules.

(Subodh Abhyankar) Vacation Judge