ORDER

The present petition, under Article 226 of the Constitution of India, is not directed against any order/notice/action on the part of the respondents, but the petitioners are apprehending that the respondents may evict the petitioners from the land bearing Survey Nos.2194 and 2195 situated at Village Gospura, Tehsil and District Gwalior (M.P.) under the provisions of Section 248 of the Madhya Pradesh Land Revenue Code, 1959 over which they have duly constructed their house alleging it be a part of Survey No.2222.

2. At the outset, Shri Deepak Khot - Government Advocate appearing for the State submits that on mere apprehension, writs are not maintainable as as on date no notice under Section 248 of the MPLRC or any other notice has been served upon the petitioners, thus, the very petition is wholly misconceived and not maintainable.

3. It was further submitted that the present petition contains disputed questions of facts, which also cannot be gone into under the writ jurisdiction and the proper remedy available to the petitioners is to approach the Competent Authority or Civil Court for redressal of their grievance. It was thus prayed that Signature Not Verified the present petition deserves to be dismissed.

4. On the other hand, learned counsel for the petitioners submits that in similarly situated case, this Court vide order dated 19.04.2024 passed in Writ Petition No.9927 of 2024, had directed the respondents authorities to consider the reply of the petitioners therein and thereupon pass appropriate orders and till then, no coercive steps shall be taken against the petitioners therein. In the present matter, since no show cause notice has been issued to the petitioners but the respondents officers are threatening to dispossess them and to demolish the house constructed by them, they have been constrained to move the present petition. Thus, it was prayed that the present petition be allowed and the respondents be directed not to take any coercive action against the petitioners and if at all action is required against them then it shall be taken in accordance with law.

5. After hearing the rival contentions and going through the record annexed with the petition, this Court prima facie finds that no cause of action has accrued to the petitioners as on date to file the present petition. Even otherwise, on mere apprehension, no writ of mandamus can be issued to the respondents.

6. The apprehension of the petitioners that the respondents are trying to evict and get the lands of the petitioners vacated under the garb of Section 248 of the Code, appears to be far fetched and if at all, any show cause notice has been issued to the petitioners by the respondents under Section 248(1) of the Code, the remedy available to the petitioners would be file response to the said notice and thereafter, the authorities would take appropriate action in the matter, if required in parameters of the law.

7. Accordingly, the present petition, being premature at the very stage, is Signature Not Verified hereby dismissed (MILIND RAMESH PHADKE)

JUDGE pwn*

Signature Not Verified