ORDER

The present writ petition has been filed by the petitioner challenging the impugned order dated 30.07.2021 (Annexure P-5) passed in Revenue Case No.164/Appeal/2020-21 by respondent no.1; whereby the appeal filed by the petitioner has been rejected confirming the order dated 08.03.2021 passed by the respondent no.3 which the penalty of Rs.5000/- has been imposed under section 248(a) of the Madhya Pradesh Land Revenue Code (hereinafter referred to as "the Code") and further directed to dispossess the petitioner from the Government land.

The facts of the case are that the respondent no.4 submitted an application from the respondent no.3/Tahsildar, Ashta, Sehore stating therein that the petitioner is constructing a house on the plot unauthorizedly, which belongs to respondent no.4. Thus, praying for taking legal action against the petitioner for constructing the house on his plot. The Tahsildar Ashta, after taking the evidence and on perusing the Panchanama, vide order dated 08.03.2021 came to the conclusion that the petitioner has unauthorizedly and illegally encroached on a plot admeasuring 15 X 30 sq.ft. situated at Khasra No.271/1, hence, he directed to disposes the petitioner from the Government land under section 248(a) of the Code and imposing penalty. This order of Tahsildar was confirmed by the Sub-Divisional Officer, Ashta, Sehore which is under challenge in the present writ petition.

Learned counsel for the petitioner contended that the revenue authorities failed to consider the fact that the complaint made by respondent no.4 in respect of Khasra No.298/2, area 0.014 and the case was decided as per the Patwari report submitted in respect of land situated at Khasra No.271/1, area 3.731 hactres, therefore, the order deserves to be set aside. The authorities also failed to consider the statement given by the concerned Patwari; wherein he has clearly stated that at the time of spot inspection, no notice was given to the petitioner and further stated that the house of the petitioner is constructed on his own land. The findings recorded by the revenue authority are contrary to the report of Patwari as well as the Kotwar, therefore, they are perverse and the same is liable to be set aside.

Learned Government Advocate opposed the prayer and submitted that the Tahsildar in its order dated 08.03.2021 came to the conclusion that the land situated at Village Kasba, Ashta Sehore Khasra No.271/1, area 3.731, hectare is registered in the name of one Loniyat Goha in the revenue records. Part of the land admeasuring 15 X 30 sq.ft. has been encroached by the petitioner and had constructed the house thereupon. Though the petitioner had filed the reply but the same was found to be unsatisfactory. According to the revenue records, the aforesaid land is land belonging to the Government for the purpose of public utility. Moreover, no document has been filed by the petitioner to show that the petitioner is the owner. He has been declared encroacher. Therefore, the petition deserves to be dismissed.

This Court finds force in the submissions of learned counsel for respondents/State. Moreover, no documents have been filed to show the ownership. The petitioner has been declared as encroacher. The Courts below have not committed any jurisdictional error in conducting the proceedings under section 248(a) of the Code, which call for no interference.

Accordingly, this Court refrains itself from invoking the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India.

As a consequence, the petition stands dismissed at the admission stage itself.

(S. A. DHARMADHIKARI) JUDGE TG /-