IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 6^th OF JULY, 2023 MISC. PETITION No. 3070 of 2022 BETWEEN:-

1. DILIP SINGH PARIHAR S/O LALMAN SINGH PARIHAR, AGED ABOUT 56 YEARS, OCCUPATION: FARMER R/O VILLAGE DHAMANHAI, GRAM PANCHAYAT RAGLA, TEHSIL UCHHEHRA, DISTRICT SATNA (M.P.) (MADHYA PRADESH)

2. DAL PRATAP SINGH PARIHAR S/O LALMAN SINGH PARIHAR, AGED ABOUT 48 YEARS, OCCUPATION: FARMER R/O VILLAGE DHAMANHAI GRAM PANCHAYAT RAGLA TEHSIL UCHHEHRA DISTRICT SATNA (MP)

(MADHYA PRADESH)

3. LALMAN SINGH PARIHAR S/O RAMPAL SINGH PARIHAR, AGED ABOUT 78 YEARS, OCCUPATION: FARMER R/O VILLAGE DHAMANHAI GRAMM PANCHAYAT RAGLA TEHSIL UCHHERA DISTRICT SATNA (MP)

(MADHYA PRADESH)

.....PETITIONER (BY SHRI RAM BIHARI GAUTAM - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH COLLECTOR DISTRICT SATNA (M.P.) (MADHYA PRADESH)

2. SUB DIVISIONAL OFFICER(REVENUE)

REVENUE DEPARTMENT R/O VILLAGE DHAMANHAI GRAMM PANCHAYAT RAGLA TEHSIL UCHHERA DISTRICT SATNA (MP)

(MADHYA PRADESH)

3. TEHSILDAR TEHSIL UCHHERA TEHSIL UCHHERA DISTRICT SATNA (M.P.)

(MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RITWIK PARASHAR – GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 21.06.2022 passed by the Sub Divisional Officer (Revenue), Tahsil Uchhehra, District Satna in Case No.20/Appeal/22-23.

2. It is submitted by the counsel for the petitioners that the petitioners were granted Patta in respect of Abadi land. The copies of Patta have also been filed by the petitioners. Thereafter, proceedings under Section 248 of MPLR Code were initiated and an order of eviction was passed by the Tahsildar, Uchhehra, District Satna.

3. Being aggrieved by the said order, the petitioners filed an appeal, which was allowed by the SDO by order dated 17.03.2016 passed in Case No.102/Appeal/12-13 and the order dated 07.01.2011 passed by the Tahsildar, Tahsil Uchhehara, District Satna was set aside and the matter was remanded back to pass a fresh order after conducting an enquiry and giving opportunity of hearing to the petitioners. Since no action was taken by the Tahsildar after the remand, therefore, the petitioners filed a Writ Petition No.7512/2020 alleging that the petitioners are apprehending that the revenue authorities are going to demolish their house without any notice and even otherwise the Tahsildar has not taken any action after the remand and thus it was claimed that in absence of any order under Section 248 of MPLR Code, the house of the petitioners cannot be demolished. This Court by order dated 02.06.2020 passed in W.P.No.7512/2020, directed the parties to maintain the status quo in respect of the house of the petitioners.

4. It is submitted that the said writ petition is still pending, therefore, no action can be taken against the petitioners for eviction. It is further submitted that the petitioners were granted Patta of Abadi land by the Sarpanch and thus it cannot be said that they have encroached upon the property in dispute.

5. Per contra, it is submitted by the counsel for the respondents that so far as the W.P.No.7512/2020 is concerned, the grievance expressed by the petitioners was that even after the order of the Tahsildar has been set aside by the SDO, the respondents are trying to demolish the house of the petitioners and no further proceedings have been taken by the Tahsildar after remand. It is submitted under that circumstance, the parties were directed to maintain status quo. However, there is no direction that the Tahsildar cannot decide the matter afresh after the remand. On the contrary, the basic grievance of the petitioners was that the Tahsildar is not taking any action after the remand of the case. Thus, it is submitted that any interim order passed in W.P.No.7512/2020 shall not preclude the Tahsildar from passing a fresh order after the r