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2023 Supreme(MP) 584

MILIND RAMESH PHADKE
Rammilan Singh Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Sanjay Kumar Sharm, Advocate, G.K. Agrawal, Advocate
Final Result : Disposed Of

JUDGMENT

Milind Ramesh Phadke, J. - The present petition has been filed under Article 226 of the Constitution of India being aggrieved by the inaction on the part of respondents/authorities in not removing the encroachment made over the lands in question by respondents No.4 to 10.

2. It has been submitted by the counsel for the petitioner that the present petitioner is a Sarpanch of the Village Bamhroli, Tehsil Moh, Gram Panchayat, Ujhawal, District Bhind. There are government lands bearing Survey No.181, 177 and 243 situated in Village Bamhroli, Tehsil Moh, Gram Panchayat, Ujhawal, District Bhind and the Competent Authority had issued a notice dated 21.02.2022 under Section 248 of the MPLRC, 1959 holding that private respondents are in unauthorized possession over the said government lands. Despite issuance of notice and representation submitted by the petitioner to the authorities concerned, till date no action has been taken on the said representation for removal of encroachment over the lands in question. A limited prayer has been made by the counsel for the petitioner that in case, directions are issued to the respondent to consider the said representation and pass a reasoned or

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