IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI nd ON THE 2 OF DECEMBER, 2022 WRIT PETITION No. 27540 of 2022 BETWEEN:-

1. RATAN LAL S/O LATE SH. MIDDHI LAL AHIRWAR, AGED ABOUT 73 YEARS, OCCUPATION: LABOUR GRAM HATWAS TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

2. DEEPAK AHIRWAR S/O SH. DEV KISHAN AHIRWAR, AGED ABOUT 25 YEARS, OCCUPATION: LABOUR R/O GRAM HATWAS, TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

3. LAKHAN LAL S/O SH. DEELIP AHIRWAR, AGED ABOUT 35 YEARS, OCCUPATION: LABOUR R/O GRAM HATWAS, TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

4. RAJ KUMAR S/O SH. CHUNNI LAL AHIRWAR, AGED ABOUT 33 YEARS, OCCUPATION: LABOUR R/O GRAM HATWAS, TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

5. RAM KUMAR S/O SH. CHUNNI LAL AHIRWAR, AGED ABOUT 31 YEARS, OCCUPATION: LABOUR R/O GRAM HATWAS, TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

6. HARI RAM S/O SH. CHOTE LAL AHIRWAR, AGED ABOUT 50 YEARS, OCCUPATION: LABOUR R/O GRAM HATWAS, TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

7. DEV KISHAN S/O MIHI LAL, AGED ABOUT 56 YEARS, OCCUPATION: LABOUR R/O GRAM HATWAS, TEHSIL PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

.....PETITIONERS (BY SHRI ASHOK KUMAR PALI- ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH COLLECTOR NARMADAPURAM (MADHYA PRADESH)

2. SUB DIVISIONAL OFFICER (SDO) PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

3. CHIEF EXECUTIVE OFFICER (CEO) PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

4. TEHSILDAR PIPARIYA DISTRICT NARMADAPURAM (MADHYA PRADESH)

5. SARPANCH / SECRETARY GRAM HATWAS TEHSIL PIPARIYA, DISTRICT NARMADAPURAM (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI DHEERAJ TIWARI- PANEL LAWYER)

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

ORDER

In this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following relief:

"(a) The petitioner most humbly prays this Hon'ble Court kindly to allow the Writ Petition and quash the impugned notice dt.12.11.2022 (Annexure P/2).

(b) That further this Hon'ble Court be pleased to direct the Respondents to grant patta by the Tehsildar after initiating the proceeding in proper manner as par law.

(c) That, this Hon'ble Court be pleased to pass the orders against all the persons illegally occupied the land of Gram Panchayat Hatwas as the Respondents has not maintained parity leaving behind the influential persons.

(d) Any other reliefs as this Hon'ble Court deemed fit after after looking after the case and pleading may kindly be granted to the petitioners as they belongs to the down trodden persons of the society."

The grievance of the petitioners is that the petitioners belong to the Scheduled Caste (BPL category) and residing in Ward No.6, 12, 14 situated at Khasra No.362/2 at Gram Hatwas, Tehsil Pipariya, District Narmadpuram, since last 40-50 years. The land comes under the purview of Chotte Ghass, Gram Panchayat Hatwas. Respondent No.5- Sarpanch, had granted Patta to the petitioners on the aforesaid land. Earlier, the petitioners had filed a Writ Petition No.518/2015 seeking direction to the respondents to grant Patta under the scheme provided to the Scheduled Castes and landless persons of below poverty line. Vide order dated 24.08.2018, the petition was disposed of with a direction to the petitioners to file fresh applications for grant of Patta and the same shall be considered and decided in accordance with law within 60 days.

Learned counsel for the petitioners submitted that after filing of the applications, nothing was done and the applications are still not decided. However, vide notice dated 12.11.2022(Annexure P/2), the petitioners have been noticed to vacate the premises within three days or else the encroachment shall be removed in accordance with law. He further submitted that the respondents are trying to dispossess the petitioners without affording any opportunity of hearing to them, which is mandatory.