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2017 Supreme(MP) 534

ANAND PATHAK
Gwalior Alcobrew Pvt. Ltd. – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sameer Kumar Shrivastava for petitioner;
Kamal Jain, Government Advocate for respondents/State.

ORDER

1. With consent, heard finally.

2. The present petition under Article 226 of the Constitution of India has been preferred at the instance of petitioner/company being crestfallen by the order dated 24.9.2015 (Annexure P-1) passed by respondent No.4 i.e. Authorized Officer-cum-Sub Divisional Officer Forest, Sub-Division, Gwalior penalty of fine of Rs.10,000/- has been imposed by the petitioner purportedly under section 52 of the Indian Forest Act, 1927.

3. Facts of the case in nutshell are that the petitioner/company vide sale deeds dated 8.2.2010 and 9.2.2010 (Annexures P-2 and P-3 respectively) has purchased land bearing survey Nos.351, 352, 354, 355 and 356 admeasuring area 4.54 hectare in Village Veelpura, Patwari Halka No.31, Tahsil Lashkar, District Gwalior. Name was mutated in the revenue records on the basis of registered sale deeds. Vide order dated 16.4.2013. Sub-Divisional Officer, Gwalior passed the order of diversion in favour of petitioner and thereafter land use of land in question was changed from agricultural to commercial.

4. After taking aforesaid formalities, petitioner started development work over the land in question and, therefore, JCB machine vide Registrat










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