IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJ MOHAN SINGH th ON THE 11 OF MARCH, 2024 WRIT PETITION No. 4191 of 2024 BETWEEN:-

PYARELAL KUSHWAHA S/O LATE MOLAI PRASAD KUSHWAHA, AGED ABOUT 48 YEARS, OCCUPATION: FARMER CUM DAILY WAGES EMPLOYEE VILLAGE PONDI TEHSIL MAIHAR DISTRICT MAIHAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHISH SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY DEPARTMENT OF REVENUE VALLABH BHAWAN MANTRALAYA BHOPAL (MADHYA PRADESH)

2. THE COLLECTOR MAIHAR DISTRICT MAIHAR (MADHYA PRADESH)

3. THE SUB DIVISIONAL OFFICER (REVENUE)

MAIHAR DISTRICT (MADHYA PRADESH)

4. THE TAHSILDAR MAIHAR DISTRICT MAIHAR (MADHYA PRADESH)

5. SUMAN KUSHWAHA S/O SHRI PURSHOTTAM KUSHWAHA R/O VILLAGE KARUA TEHSIL MAIHAR DISTRICT (MADHYA PRADESH)

6. NATTHU KUSHWAHA S/O SHRI PURSHOTTAM KUSHWAHA R/O VILLAGE KARUA TEHSIL MAIHAR DISTRICT (MADHYA PRADESH)

.....RESPONDENTS (BY MS. SHIKHA SHARMA - PANEL LAWYER)

This petition coming on for admission this day, the court passed the Signature Not Verified Signed by: PRIYANKA following:

ORDER

The petitioner has preferred this writ petition under Section 226 of the Constitution of India seeking issuance of necessary directions to the Revenue Authorities to take appropriate action in the context of encroachment done by the respondents no.5 and 6 over the government land bearing khasra no.1092 measuring 0.272 hectares.

Learned counsel for the petitioner submits that on the complaint filed by the petitioner before the Tehsildar, the Tehsildar took cognizance of the issue under Section 248(1) of the M.P. Land Revenue Code, 1959 and ordered for removal of encroachment within a period of seven days along with fine of Rs.1,000/-. The respondents no.5 and 6 remained unsuccessful in an appeal before the Sub-Divisional Officer (Revenue), Maihar which was dismissed on 28.02.2023. The factum of illegal encroachment by the respondents no.5 and 6 has been established even by the report of Patwari placed before the Appellate Authority. The petitioner has also approached the Collector, Maihar in this regard on 09.01.2024, when the public hearing was given by the Collector, Maihar, District Satna. The grievance of the petitioner is that till date, the order passed by the Tehsildar has not been executed on the spot.

Since the representation dated 09.01.2024 filed by the petitioner is pending before the Collector, Maihar, District Satna, therefore, at this stage, it would be just and proper to direct the respondent no.2 to take appropriate decision on the pending representation of the petitioner and communicate the same to the petitioner within a period of two months from the date of receipt of certified copy of this order.

With the aforesaid, the petition stands disposed of.

Signature Not Verified Signed by: PRIYANKA Certified copy, as per rules.

(RAJ MOHAN SINGH)

JUDGE Priya.P Signature Not Verified Signed by: PRIYANKA