Anish vs The State Of Madhya Pradesh
2021 Latest Caselaw 8569 MP

                                    1                                WP-27057-2021
        The High Court Of Madhya Pradesh
                 WP No. 27057 of 2021
                 (ANISH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Indore, Dated : 09-12-2021
      Shri Gopilal Vyas, Advocate for the petitioner .

      Shri Ranjeet Sen, learned Panel Advocate for respondent/State on

advance copy.

Heard on the question of admission.

The petitioner has filed the present petition being aggrieved by show-

cause notice dated 29.11.2021 issued by Tehsildar, Ratlam whereby he has been directed to appear and submit the reply on or before 6.12.2021 as to why the encroachment of 10 x 50 Sq.ft. area out of area of land bearing Survey No.402 be not removed.

Counsel for the petitioner submits that father of the petitioner - Rasul Khan is in possession over the aforesaid land since 1949. He filed the civil suit in the year 1979-80 which came up to this Court by way of S.A. No.320/1996. He is regularly paying the property tax. The petitioner and his family members are in possession of the said land and they are earning their

livelihood. Now, the Tehsildar has issued the show cause notice for removing the encroachment. Hence, the present petition before this Court.

Learned Panel Advocate appearing for the respondents/State on advance copy, submits that in S.A. No.320/1996 vide judgment dated 15.12.2008 this Court had restrained the revenue authorities from interfering into the possession of the plaintiff, however, they shall be free to evict the plaintiff by adopting due procedure as prescribed under the law. Now, the Tehsildar has issued the show cause notice before evicting the petitioner, therefore, due process as prescribed under the law is being adopted. Hence, the petition is liable to be dismissed.

This petition is only against the show cause notice and the petitioner has been called upon to submit the reply. Instead of filing the reply the petitioner has rushed to this Court by way of the present petition. The 2 WP-27057-2021 petitioner may submit the reply to the show cause notice before the Tehsildar and if any such reply is filed, the same shall be decided in accordance with law. No interference is called for.

Accordingly, this petition is dismissed.

(VIVEK RUSIA) JUDGE Alok

Digitally signed by ALOK GARGAV Date: 2021.12.10 11:13:45 +05'30'