IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 02^nd OF SEPTEMBER, 2023 WRIT PETITION No.16946 of 2016 BETWEEN:-

1. MUNNA @ RAMESH YADAV, AGED 50 YEARS, S/O SHRI DAYARAM YADAV

2. SMT. SHYAM BAI W/O SHRI RAM SINGH ALIAL RAMMU AGED ABOUT 49 YEARS

3. BHARAT S/O SHRI RAM SINGH ALIAS RAMMU, AGED ABOUT 27 YEARS

4. SHATRUGHAN SINGH S/O SHRI RAM SINGH ALIAS RAMMU AGED ABOUT 20 YEARS

5. MANBENDRA SINGH S/O SHRI RAM SINGH ALIAS RAMMU AGED ABOUT 18 YEARS

6. PANKAJ S/O SHRI RAM SINGH ALIAS RAMMU, AGED ABOUT 13 YEARS THROUGH NATURAL GUARDIAN MOTHER SMT. SHYAMA BAI W/O SHRI RAM SINGH ALIAS RAMMU

7. SANTOSHI D/O SHRI RAM SINGH ALIAS RAMMU AGED ABOUT 35 YEARS

8. SHANTI ALIAS SHASHI YADAV D/O RAM SINGH ALIAS RAMMU AGED ABOUT 32 YEARS

9. POOJA D/O RAM SINGH ALIAS RAMMU PETITIONERS NO.2 TO 9 ARE R/O W.NO.1, PANNA, TAHSIL AND DISTRICT PANNA.

10. BHAGWATI DEVI WD/O LALJI YADAV AGED ABOUT 57 YEARS

11. DINESH @ NITESH YADAV S/O LALJI YADAV AGED ABOUT 30 YEARS

12. CHHATAN SINGH YADAV S/O LALJI YADAV AGED ABOUT 35 YEARS

13. NARESH YADAV S/O LALJI YADAV ABOUT 26 YEARS

14. NARAYAN YADAV S/O LALJI YADAV AGED ABOUT

26 YEARS

15. AMAR YADAV S/O LALJI YADAV AGED ABOUT 28 YEARS

16. CHOTU YADAV S/O LALJI YADAV AGED ABOUT

21 YEARS PETITIONERS NO.1 AND 10 TO 16 ARE R/O VILLAGE BELHARI, POST NOWGONG, TAHSIL AND DISTRICT CHHATARPUR

17. KAMAL KISHORE NAYAK S/O JAGDAMBA PRASAD NAYAK, AGED ABOUT 47 YEARS R/O WARD NO.3, NOWGONG, TAHSIL NOWGONG, DISTRICT CHHATARPUR

18. SHIVOM SINGH YADAV S/O LAGE KAMAL SINGH YADAV AGED ABOUT 41 YEARS, R/O VILLAGE BILHARI, TAHSIL NOWGONG, DISTRICT CHHATARPUR

19. KULDEEP TIKARIYA S/O LATE GHANSHYAM DAS TIKARIYA, AGED ABOUT 38 YEARS, R/O TIKARIYA COLONY, CHHATTARPUR

20. RAM SHANKAR CHOUBEY S/O GAYA PRASAD CHOUBEY AGED ABOUT 38 YEARS, R/O SINATE COLONY, CHHATARPUR .....PETITIONERS (BY SHRI K.C. GHILDIYAL – SENIOR ADVOCATE WITH SHRI ADITYA SINGH - ADVOCATE)

AND

1. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI.

2. ADMINISTRATIVE COMMANDANT, STATION HEAD QUARTERS, NOWGONG (BKD), DISTRICT CHHATARPUR, PIN-900107 ......RESPONDENTS (RESPONDENTS BY SMT. KANAK GAHARWAR - ADVOCATE)

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Reserved on : 12.07.2023 Pronounced on : 02.09.2023 ..............................................................................................................................................................................

This petition having been heard and reserved for orders, coming on for pronouncement this day, the Court pronounced the following:

ORDER

Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, on their joint request, it is heard finally.

2. By the instant petition filed under Article 226 of the Constitution of India, the petitioners are claiming following relief(s):-

“(1) The entire record from the respondents on the basis of which the notices might have been issued and pasted on the spot be called for.

(2) Warning and notices put on the spot vide Annexure P/18 be set aside.

(3) That, any other direction or order as may be deemed fit in the facts and circumstances of the case may also be issued together with awarding cost of these proceedings.”

3. Sans unnecessary details, the essential facts for disposal of this writ petition are that petitioner Nos.1 to 16 are the owners and in possession of land measuring 3.364 hectares situated at Patwari Halka No.26, Mouza Nowgong, Tahsil Nowgong, District Chhatarpur.

(3.1) Petitioner Nos.1 to 16 have entered into an agreement for sale with petitioner Nos.17 to 20 vide registered sale agreements dated

07.04.2015, 15.04.2015 and 11.05.2015 respectively.

(3.2) Thereafter, petitioner No.17 applied for diversion of the land measuring 2.684 hectares before the revenue authority i.e. Sub Divisional Officer, Nowgong and in turn, the said au