IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 23 OF FEBRUARY, 2026 WRIT PETITION No. 47288 of 2025 MAHENDRA SINGH GUJRAL Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Anshuman Singh - Advocate for the petitioner.

Shri A. S. Baghel - Govt. Advocate for the respondents/ State.

Shri Mukul Dubey - Advocate for the respondent no. 7.

Shri K. K. Pandey - Advocate for the respondents no. 10 and 11.

ORDER This petition is filed seeking following reliefs :-

"(i). To issue a writ of mandamus commanding the Respondent No. 6, Tehsildar, Tehsil Gorakhpur, District Jabalpur to forthwith execute and implement the final and binding order dated 30.04.2016 (Annexure P3) passed under Section 250of the Madhya Pradesh Land Revenue Code, 1959, and to remove the encroachment and illegal construction raised by Respondents No. 7 to 9 on land bearing Khasra No. 24/2/5 (previously

24/2/Ka), Mouza Polipathar, District Jabalpur, M.P.

(ii) To issue a writ of mandamus and direct the respondents-authorities to provide aid and assistance to Respondent No.6 in execution of the order dated 30.04.2016 (Annexure-P3) and demolition of the illegal constructions of respondents No. 7 to 9 (iii). To issue a writ of mandamus and direct the Respondent-authorities to restore vacant, peaceful, and lawful possession of the encroached portions of the land to the Petitioner and other co-owners.

(iv) To grant any other relief that this Honourable Court deems fit and just in the facts and circumstances of the case"

2. Briefly stated facts of the case are that the petitioner is the Bhumiswami of the land situated at Khasra No. 24/2/5 (previously 24/2/ka), Mouza Polipathar, Jabalpur, Madhya Pradesh. The petitioner’s land is abutting the Gwarighat main road, which leads to Rampur Road. By registered sale deeds, Shri Neeraj sold 22,000 Sq. Ft. of land to the petitioner and Shri Rajesh Manchani and 10,000 Sq. ft. of land to Smt. Joginder Kaur and Shri Shankar Manchani. It is submitted that the Petitioner is filing the present petition with the consent of other owner. In 2016, certain encroachers, namely Anil Malewar, Sandeep Ladiya, and Ranjeet Ladiya, were found in unauthorised possession of small portions of the petitioner’s land. By order dated 30.04.2016, the Tehsildar, Gorakhpur, under Section 250 of the M.P. Land Revenue Code, 1959, directed their dispossession. These encroachers preferred a Civil Suit RCSA No. 447A/2016, and obtained an injunction by order dated 23.06.2016, restraining dispossession from two small portions, i.e. 1,755 sq. ft. and 2,400 sq. ft, without arraying the petitioner as a party. The Petitioner was arrayed as a party in the said civil suit subsequent to the grant of interim relief. The Petitioner filed an application for setting aside the interim order. The Trial Court rejected the application. In Appeal, the Learned ADJ set aside the injunction order in MCA No. 112/2023 by order dated 06.04.2024, holding that no prima facie right existed in favour of the encroachers. In view of the order dated 06.04.2024 passed by the Appellate Court in MCA No. 112/2023 vacating the order dated 23.06.2016, the petitioner filed a representation before the Tehsildar, Tehsil Gorakhpur, Jabalpur, M.P., seeking execution of the order dated 30.04.2016 passed in proceedings-under Section 250 of MPLRC. 3. The present petition has been filed against the Tehsildar, Gorakhpur, District Jabalpur, for execution of a final and binding order dated 30.04.2016 passed under Section 250 of the Madhya Pradesh Land Revenue Code, 1959, directing removal of encroachment and restoration of possession over land bearing Khasra No. 24/2/5, Mouza Polipathar, District Jabalpur. The said order has attained finality and stands affirmed by the Learned Additional District Judge in MCA No.112/2023, by this Hon'ble Court in M.P. No. 2167/2024, and by the Hon. Supreme Court upon dismissal of SLP (C) No.12700/2024 on 28.02.2025. Despite concurren