IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 17 OF JULY, 2023 WRIT PETITION No. 29735 of 2022 BETWEEN:-

TRIVENI BAI W/O SHRI BRINDAVAN LAL BATHAM, AGED-68 YEARS, R/O GOHAD BHIND CURRENTLY RESIDING AT RAJA MANDI GWALIOR (MADHYA PRADESH)

.....PETITIONER (BY SHRI CHETAN KANUNGO- ADVOCATE )

AND

1. STATE OF MADHYA PRADESH PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. PRINCIPAL SECRETARY MADHYA PRADESH PUBLIC WORKS DEPATMENT NIRMAN BHAWAN PLOT NUMBER 27 AND 28 ARERA HILLS BHOPAL (MADHYA PRADESH)

3. COLLECTOR DISTRICT BHIND AT COLLECTORATE BHIND (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIVEK KHEDKAR- AAG FOR THE STATE)

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This petition coming on for hearing this day, Hon'ble Shri Justice Milind Ramesh Phadke passed the following:

ORDER

1. The present petition under Article 226 of the Constitution of India has not been directed against any particular order, but is preferred being aggrieved by the action on the part of the respondent/State, whereby the petitioner has been deprived of her property for which she was fighting for more than 40 years. The present petition has been preferred to demonstrate the administrative exigency, hostility and arbitrariness for trampling the rights of the citizens and forcibly constructing road and school on the land of the petitioner without consent or without taking any steps for acquisition of the said land in accordance with law.

2. The said inaction has been assailed on the ground that on number of occasions, the petitioner has approached this Court, but despite directions issued by this Court, the State and its functionaries have demonstrated cavalier indifference and disregard to the directions of the Court as well as the law of the land, but as the agony of the petitioner cannot be articulated in brief, thus, the petitioner by way of the present writ petition has urged this Court to exercise its extra ordinary jurisdiction.

3. Drapped with brevity, the subject matter in brief is that with regard to the land bearing survey no.2646 and 2647 situated at Gohad, District Bhind, the predecessor-in-interest of the petitioner has filed a suit for declaration and permanent injunction which was dismissed by the Trial Court vide judgment and decree dated 15.06.1978. The First Appeal No.46A/1978 preferred against the said judgment and decree, was allowed vide judgment and decree dated 27.03.1979. The said judgment and decree passed in First Appeal dated 27.03.1979 was assailed by the State in Second Appeal No.196/1979 under Section 100 of CPC which got dismissed by this Court vide order dated 10.08.1981, thus, the judgment and decree passed in favour of the predecessor-in-

interest of the petitioner has attained finality.

4. During the pendency of the litigation, respondent-State has unlawfully taken possession of the land in question and had constructed a school building and road over an area admeasuring 0.634 hectares (1.566 acres) without lawfully acquiring the land. The predecessor-in-interest of the petitioner i.e. Shri Deviram Batham passed away on 29.11.1983. When despite the existence of a judgment and decree passed by a Civil Court, the respondent/State unlawfully raised construction over the land of the petitioner, execution proceedings were filed and the name of the petitioner was brought on record as Legal Representative of Deviram Batham.

5. The execution proceedings practically remained dormant for more than 20 years. Eventually, the executing Court woke up from its slumber and vide order dated 23.12.2005 directed Collector, Bhind to provide another land to the petitioner and as an alternative to give back possession of the land in question. In the order dated 29.09.2006, the Executing Court at Gohad observed that despite the fact the execution of the decree is pending since 26.07.1986, steps taken by the Collector, Bhind a