THE HIGH COURT OF MADHYA PRADESH W.P. No. 1937/2014 Gwalior, 05/03/2018 Shri N.K. Gupta, learned Senior Counsel with Shri Ravi Gupta, learned counsel for the petitioner.

Shri Raghvendra Dixit, learned Government Advocate for the respondents/State.

I.A. No. 1134/2018, an application at the instance of the respondents/ State is taken up for consideration.

Vide said application, the respondents/State in the wake of the direction issued on 09/08/2017 to remove the encroachment over the Government land bearing survey No. 1028 area 0.136 hectare situated at Village Sankhra, Tehsil Jaura, District Morena, seek direction that the State functionaries may be permitted to invoke the provision of Section 162 of Madhya Pradesh Land Revenue Code, 1959 which has been brought in vogue vide amendment Act 34 of 2013 w.e.f. 16/09/2013 which envisages that “Notwithstanding anything contained in Section 248 and subject to rules made in this behalf, any land belonging to the State Government in such areas as notified in the official Gazette by the State Government, which is in unauthorized possession, may be disposed of for agricultural purpose in Bhumiswami right and non-agricultural purpose, in Governmen