Date of judgement:
29th December, 2022
Citation:
WRIT PETITION No. 30330 of 2022
Bench:
Honourable Justice Satyendra Kumar Singh
Parties:
Petitioner – Late Shri R.M. Sojatia Foundation Trust
Respondent – Anand Sojatia
SUBJECT
In this case, the Madhya Pradesh High Court held that some reasonable opportunity must be provided to the petitioner to reply to the show cause notice that was served on him. The respondents cannot take coercive action against the accused without providing him reasonable time to prepare his reply.
FACTS
- The petitioner had filed a writ petition under Article 226 of the Constitution seeking the quashing of a show cause notice issued to the petitioners.
- The show cause notice had been issued in relation to the demolition of the construction which was allegedly done on government land.
ARGUMENTS BY THE PARTIES
- The petitioners pleaded that the show cause notice had been issued as the petitioners had filed an Election Petition against a sitting MLA.
- The petitioner further submitted that they had been served notice at about 6:45 PM on 28.12.2022 and they were asked to submit their reply by the next morning, failing which the construction would be demolished.
- The respondents submitted that the petitioner had undertaken the construction on the government property. Moreover, the petitioners were provided with the opportunity to file their reply. Hence, they were not entitled to any relief.
ANALYSIS
- The Court noted that the petitioners were asked to file their reply on the very next day of receiving the show cause notice.
- The petitioners had been in the possession of the disputed property for the past 10 years.
- The Court thus held that some reasonable time must be provided to the petitioners to file their reply to the whole cause notice.
- The Court directed the respondents to not demolish the disputed construction till the reply was filed.
CONCLUSION
The Court thus directed the respondents to submit the relevant documents to the petitioners and provide a reasonable time to the petitioners to submit their reply. The Court provided a time of 10 days to the petitioners to file their reply. Moreover, the respondents were restrained from taking any coercive action during this period.
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