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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Milind Ramesh Phadke, J.
Rammilan Singh Yadav – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 1733 of 2023
Decided On : 20-01-2023
Encroachment - Government Lands - The court directed the authorities to consider the petitioner's representation and pass a reasoned order for the removal of encroachment over the government lands.
Fact of the Case:
The petitioner, a Sarpanch, filed a petition under Article 226 of the Constitution of India, aggrieved by the inaction of the authorities in not removing the encroachment made over government lands by private respondents.
Finding of the Court:
The court disposed of the petition with a direction to the authorities to decide the petitioner's representation in accordance with the law and pass a reasoned order as early as possible.
Issues: Inaction of authorities in removing encroachment over government lands, petitioner's representation to the authorities, and the prayer for directions to consider the representation.
Ratio Decidendi: The court found the prayer made by the petitioner to be innocuous and directed the authorities to consider the representation and pass a reasoned order, without expressing any opinion on the merits of the case.
Final Decision: The petition was disposed of with a direction to the authorities to decide the petitioner's representation and pass a reasoned order, without expressing any opinion on the merits of the case.
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 order, his grievance would be redressed.
3. Per contra, the petition is not opposed by the counsel for the State. Looking to the innocuous prayer made by the counsel for the petitioner, the present petition is disposed of with a direction to the respondents No.2 & 3 to decide the said representation in accordance with law and pass a reasoned and speaking order as early as possible.
4. With the aforesaid direction, petition is disposed off.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
AI
The court emphasized the need for the authorities to consider the petitioner's representation and pass a reasoned order for the removal of encroachment over the government lands.
Writ petition not entertained due to existing committees under G.O. for government land protection; liberty granted to approach authorities.
High Court refrains from writ jurisdiction on factual disputes pending before civil court.
Mandamus directs authorities to survey and remove encroachment on government burial ground after notice and hearing.
Mandamus denied when encroachment proceedings already initiated; authorities directed to complete expeditiously with hearings.
Authorities are mandated to act on representations regarding encroachments on government land, ensuring timely removal of such encroachments to protect public property rights.
Court directs Tahsildar to verify and remove encroachment on government land after notice within four weeks.
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