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VIVEK RUSIA, ROOPESH CHANDRA VARSHNEY
Mohandas Chela Amardas Mahant, Narsingh Tila, Datia – Appellant
Versus
State of M. P. – Respondent
ORDER
Per : Vivek Rusia, J:--
1. Appellant/Petitioner has filed W.A.No.1119/2022 challenging the order dt.23.8.20222, whereby the learned Writ Court dismissed Writ Petition No.7667/2010. Appellant/Petitioner has also filed W.A.No.1120/2022 challenging the order dt.23.8.2022, whereby the learned Writ Court dismissed Writ Petition No.4120/2010.
2. The controversy involved in both the appeals is the same, therefore, they are being decided by this common order.
3. For the sake of convenience, the facts are being taken from W.A.No.1120/2022, which are as under :-.
(i) The appellant/petitioner approached this Court by Writ Petition claiming himself to be the owner and in possession of temple and nearby land of survey No.2613 at Datia being a disciple (chela) of Mahant Amardas of Shri Narsingh Temple. The petitioner was served with a notice dt.9.7.2010 by SDO - Additional Tahsildar PWD, Datia alleging that he has encroached upon the government land bearing survey No.2255 and sought explanation from him till 16.07.2010. The petitioner appeared and submitted a detailed reply that there is no encroachment on Survey No.2255, whereas the petitioner constructed the shop as per the permission of S
The court established that administrative actions affecting property rights must adhere to principles of natural justice, including the right to a fair hearing.
Protected tenants cannot be evicted without due process and adherence to principles of natural justice, as established under the J&K Tenancy Act.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
Authority must avoid unjust cancellation of property rights without valid reasons, emphasizing the necessity for resolution of title disputes in civil courts as mandated by law.
Revenue Authorities cannot adjudicate title disputes, requiring resolution in civil court; decisions must include sufficient reasoning to uphold property rights.
The court affirmed the authority's power to issue demolition orders on unauthorized constructions when ownership and permissions are not clearly established.
Temple lands' unauthorized use by government without S.34 permission mandates compensation despite long delay, proven by ryotwari patta.
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