What to do after filing writ petition to high court

Ankit mittal (Querist) 23 February 2014 This query is : Resolved
Dear Sir/ Madam

We filed a writ petition to MP High court on 3.2.14 in the subject matter of Widening of road of malawa mill to zanzeerwala road INDORE that municipal corporation not to break constructed area on the above road before issuing proper notice and proper survey.

MP high court had given a order on the above WP that no action will be taken before issuing proper notice.

I want to know that what option we have as today 23.2.2014 municipal corporation has marked our premises for demolition(without notice) and announces that we have to demolish the same before 25.2.14.

I want your kind opinion in this matter that what we can do in this short span of time.?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 23 February 2014
File contempt petition in high court and ask for early hearing.

Advocate M.Bhadra (Expert) 23 February 2014
Communicate the order of the High Court to the Municipal Corporation and then file a Contempt Petition inviting this Court to take action under the Contempt of Courts Act, 1971 or Article 215 of the Constitution of India, the aforesaid Petition information received shall be placed before the Chief Justice for appropriate orders or in the same bench of High Court.

Guest (Expert) 24 February 2014
You Obtain a Stay In High Court Today Itself thro a Competent Advocate On Urgent .Act Fast

Raj Kumar Makkad (Expert) 24 February 2014
I do endorse the advice of Bhadra.

R.K Nanda (Expert) 24 February 2014
nothing to add more.

Biswanath Roy (Expert) 24 February 2014
In my opinion Contempt of Court is on the pre matured stage now. From your statement it appears the order of the MP High Court was "no action will be taken before issuing proper notice" this order relates to your averment "that municipal corporation not to break constructed area of the above road before issuing proper notice and proper survey". If you could incorporate in the prayer portion of your Writ petition " THAT RESPONDENT MUNICIPALITY MUST REFRAIN FROM DOING AND/OR CAUSING ANYTHING TO DO AND/OR TENDING TO DO TO PROCEED WITH THE SAID CONSTRUCTION ETC." then the present situation could be a Contempt now. My advice is you mention the present situation before the Constitutional Bench orally and pray liberty to file an application in this regard for a stay order. You may visit Mr. Vivek Tankha, Senior Advocate son of Hon'ble Mr. Justice Late Raj Kumar Tankha. who was my Assistant once in the MP High Court at JABBALPORE and so far I heard he is at present Advocate General of the MP State but if you take my name he should accommodate you which I BELIEVE.

Rajendra K Goyal (Expert) 24 February 2014
Agree with the expert Biswanath Roy ji. May proceed as advised.

Ankit mittal (Querist) 24 February 2014
Thank you all for your valuable advice.

Sankaranarayanan (Expert) 24 February 2014
agree with all learned experts suggestion .

Rajendra K Goyal (Expert) 24 February 2014
You are welcome.

T. Kalaiselvan, Advocate (Expert) 24 February 2014
agreed with the experts opinion, more of that of learned senior advocate respected Mr. Roy, Sir.

Dr J C Vashista (Expert) 02 March 2014
Nothing more to add

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries