W.P.No. 14782 / 2010
(Smt. Sarita Shankarrao Thakre.. v. ..M.P.Housing Board & two others.)
20-10-2010
Heard Shri S.R.Tamrakar, learned counsel for the petitioner
on the question of admission.
The petitioner has filed this petition being aggrieved by
notice dated 23-8-2010 directing the petitioner to explain the
alleged encroachment made by the petitioner on the sewer line.
The petitioner has filed the reply to the said show cause
notice on 20-9-2010. From a perusal of the record it is apparent
that the matter is still p ending before the authority and no orders
directing removal of the petitioner has been passed till date. It is at
this stage that the petitioner has approached this Court.
In the circumstances, as the matter is still pending before
the authority and no further proceedings consequent to the show
cause notice have been taken up by the respondent/authority
considering the reply to the show cause notice filed by the
petitioner and as no order has been passed against the petitioner,
the petition filed by the petitioner at this stage is premature.
In the circumstances, as no cause of action is discernible,
the petition filed by the petitioner is disposed of as premature.
However, it needs no emphasis to state that the concerned
authority shall take into consideration the reply filed by the
petitioner to the show cause notice and thereafter take a decision
in accordance with law before taking any coercive action against
the petitioner. To enable the concerned authority to do so, a copy
of the order passed by this Court today along with a copy of the
petition be served by the petitioner on the said authority.
With the aforesaid observations/directions the petition filed
by the petitioner being premature is accordingly disposed of.
C.C. as per rules.
(R.S.Jha)
Judge
mct