Madhya Pradesh High Court
Ashok Kumar Goyal vs The State Of Madhya Pradesh on 9 December, 2021
Author: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
Writ Petition No.27089/2021
(Ashok Kumar Goyal and another Vs. State of M.P. and others)
Gwalior Bench: Dated 09.12.2021
Shri Vinod Bhardwaj, learned Senior Counsel with Shri Rohit
Batham, learned counsel for the petitioners.
Shri Devendra Choubey, learned Govt. Advocate for the
respondents/State.
The present petition under Article 226 of the Constitution of
India has been filed by the petitioners taking exception to issuance of
show cause notice dated 15.11.2021 purpotedly, under Section 248 of
the Madhya Pradesh Land Revenue Code by Tahsildar, Dabra,
District- Gwalior in which the petitioners have been found to be in
alleged encorachement over the government land vide Khasra
Nos.500/2/1, 502/1, 501/2, 513/2, 514/1, 516/1, 517/2 admeasuring
1.0660 hecatre (out of 1.066 hectare, .26 hectare has been encroached).
This is the bone of contention because according to the counsel for the
petitioner neither demarcation has been carried out by the petitioners
over land in question nor any survey has been made so as to make
allegations specific.
2. Learned Senior Counsel referred preliminary Objection dated
02.12.2021, but the same has not been taken into account and
respondents intend to proceed with the eviction proceedings, therefore,
this petition has been preferred. Senior Counsel relied upon the
HIGH COURT OF MADHYA PRADESH
Writ Petition No.27089/2021
(Ashok Kumar Goyal and another Vs. State of M.P. and others)
judgment rendered by the Hon'ble Apex Court in the case of Radha
Krishan Industries Vs. State of Himachal Pradesh and others
reported in 2021 6 SCC 776 and in the case of Alok Kumar
Choubey Vs. State of Madhya Pradesh and others reportd in 2021
(1) MPLJ 348.
3. Learned Government Advocate for the respondents/State
opposed the prayer and submitted that petitioners can file appropriate
application for demarcation in accordance with law before appropriate
authority and if they have any grievance, then same shall be taken care
as per law, but petitioners have to appear in the proceedings initiated
against them under Section 248 of MPLRC. Some disputed questions
of fact are present inthe present case, therefore, writ petition is not
maintainable.
4. Heard the learned cousnel for the parties and perused the
documents appended thereto.
5. This is case where petitioners are aggreived by issuance of show
casue notice pupotedly under Section 248 of the MPLRC in which
certain parcels of land as referred in the show cause notice (Annexure
P/1) found to be under encrochment of petitioners. Through various
documents, petitioners tried to establish their ownership over some
parts of land in question and also raised Objection in the case in hand.
HIGH COURT OF MADHYA PRADESH
Writ Petition No.27089/2021
(Ashok Kumar Goyal and another Vs. State of M.P. and others)
Since the stands of petitioners and respondents are at logger heads,
therefore, such disputed questions of fact cannot be reconciled in the
instant petition, coupled with the facts that the authority has not
applied its mind in the case in hand on merits and petitioners are
aggreived by issuance of show cause notice only. Therefore, in the
interest of justice, the petitioners must appear before the competent
authority who issued show cause notice dated 13.11.2021 (Tahsildar,
Dabra, District Gwalior herein) and to raise all the grounds including
the grounds raised in the petition as well as in the Objections.
6. Needles to say that Tahsildar, Dabra, District Gwalior shall
consider the said Objection and decide the case in accordance with law
as per provisions of Section 248 of MPLRC by passing a reasoned
order under due intimation to the petitioners.
7. Present petition stands disposed of in above terms.
(Anand Pathak)
Judge
Rashid
RASHID KHAN
2021.12.16 17:59:29
+05'30'
