IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH

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ON THE 17 OF FEBRUARY, 2026 WRIT PETITION No. 22514 of 2025 RAJENDRA KUMAR SONI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Upendra Yadav - Advocate for the petitioner.

Shri Rinkesh Goyal - Govt. Advocate for respondents/State.

Shri Vivek Khedkar Senior Advocate with Shri Himanshu Pathak-

Advocate for respondent No.4.

ORDER

1. With the consent of parties matter is heard finally.

2. The instant writ petition filed under Article 226 of the Constitution of India seeks following reliefs:-

(i) Quash the impugned notice dated 09.06.2025 (Annexure P-1) issued by Respondent No.1:and / or (ii) Restrain the Respondents from taking any coercive action against the petitioner till the finalisation of demarcation by the competent authority; and / or (iii) Direct the Tehsildar, Baroda (Respondent No.3) to decide the petitioner’s application for demarcation in a time-

bound manner; and / or (iv) Pass any other order(s) deemed fit and proper in the interest of justice.

3. Learned counsel appearing for the petitioner submits that without holding any demarcation, the construction of the petitioner was stated to be encroachment and vide impugned notice dated 09.06.2025 (Annexure P-1), the petitioner was called upon to remove the encroachment. He submits that no demarcation in the presence of the petitioner on the spot was conducted by respondents.

4. On the other hand, learned senior counsel appearing for respondent No.4 submits that the petitioner himself was not inclined to get demarcation done, and, therefore, he filed the application for demarcation in default and did not cure the default, so that the application could not be processed. In the absence of petitioner, the demarcation has now been conducted by the revenue authorities wherein, the encroachment of petitioner over the government nala in question has been found. He submits that on account of currency of the interim order passed by this court in the instant writ petition, the respondents authorities are unable to remove the encroachment from the nala and in the rainy season grave hardships were suffered by the local residents of Municipal Council, Baroda, Distt. Sheopur and situation of flood was also created as there was no adequate way for discharge of rain water due to encroachment on the nala.

5. Learned Senior Counsel further submits that respondent No. 4 is ready and willing to hold a fresh demarcation of the Government Nala in question in the presence of the petitioner and further action depending upon the outcome of the demarcation shall be undertaken.

6. The proposal submitted by learned Senior Counsel is acceptable to the petitioner.

7. In view whereof, the petition stands disposed of with a direction that the petitioner shall appear in the office of respondent No.4 on 9.3.2026 and respondent No. 4 shall thereafter send a requisition to respondent No. 3-Tehsildar, Tehsil Baroda, Distt. Sheopur for holding demarcation of Government Nala in question in the presence of the petitioner as well as respondent No. 4.

8. The respondent No. 3 shall in turn fix a date for demarcation and communicate the same to the petitioner as well as to respondent No. 4 one week in advance, in writing as well as on Whatsapp on the available telephone number of the petitioner. The joint demarcation shall be conducted on the scheduled date and shall not be adjourned even if the petitioner does not appear in spite of being communicated the date of demarcation in advance. Depending upon the outcome of the demarcation report further action shall be taken in accordance with law by the respondents authorities.

9. At the request made by learned counsel appearing for the petitioner, the petitioner is also set at liberty to move appropriate application for demarcation of his own land. The application shall be made by the petitioner within a period of 10 days from today and the demarcation of the government nala as well