Mohammad Ovesh Vs. the Commissioner

Mohammad Ovesh vs The Commissioner

Type Court Judgment Court Madhya Pradesh Decided Dec 19, 2012

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Citation: sooperkanoon.com/1054546
Court: Madhya Pradesh High Court
Decided On: Dec 19, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mohammad Ovesh

Advocate Shri. Aditya Sharma

Respondent

The Commissioner

Excerpt

1 w.p.no.21256/2012 mohd. ovesh versus municipal corporation 19.12.2012 heard shri aditya sharma learned counsel for the petitioner, on the question of admission and interim relief. the petitioner has filed this petition praying for a direction to the respondent corporation to take a decision on the application filed by the petitioner seeking demolition of house nos.392, 393, 393/1, 393/2, 393/3, 394, 395, 396 and 396/2 situated in subhash ward, subhash chowk, katni on the ground that the property belongs to the petitioner and requires to be demolished as it is more than 100 years old and may fall at any time and being in a dilapidated condition steps be taken under section 309 and 310 of the municipal corporation act, 1956. the issue raised by the petitioner in the present petition involves several disputed questions of fact which cannot be gone into under article 226 of the constitution of india. moreso as the petition filed by the petitioner is also not maintainable on the ground 2 w.p.no.21256/2012 mohd. ovesh versus municipal corporation that he has not impleaded any of the tenants who are occupying the aforesaid houses and who are necessary parties in the present petition. in the aforesaid facts and circumstances, i find no reason to issue any direction as prayed for by the petitioner in the present petition. the petition, filed by him being meritless, is accordingly dismissed. ( r.s.jha ) judge mms/-

Full Judgment

1 W.P.No.21256/2012 Mohd.

Ovesh versus Municipal Corporation 19.12.2012 Heard Shri Aditya Sharma learned counsel for the petitioner, on the question of admission and interim relief.

The petitioner has filed this petition praying for a direction to the respondent Corporation to take a decision on the application filed by the petitioner seeking demolition of house nos.392, 393, 393/1, 393/2, 393/3, 394, 395, 396 and 396/2 situated in Subhash Ward, Subhash Chowk, Katni on the ground that the property belongs to the petitioner and requires to be demolished as it is more than 100 years old and may fall at any time and being in a dilapidated condition steps be taken under section 309 and 310 of the Municipal Corporation Act, 1956.

The issue raised by the petitioner in the present petition involves several disputed questions of fact which cannot be gone into under Article 226 of the Constitution of India.

Moreso as the petition filed by the petitioner is also not maintainable on the ground 2 W.P.No.21256/2012 Mohd.

Ovesh versus Municipal Corporation that he has not impleaded any of the tenants who are occupying the aforesaid houses and who are necessary parties in the present petition.

In the aforesaid facts and circumstances, I find no reason to issue any direction as prayed for by the petitioner in the present petition.

The petition, filed by him being meritless, is accordingly dismissed.

( R.S.JHA ) JUDGE mms/-

Same Court & Year Madhya Pradesh · 2012 Same Parties Mohammad Ovesh vs The Commissioner Same Subject Education