Anupam Anand vs The State Of Madhya Pradesh
2022 Latest Caselaw 5830 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                  BEFORE
                    HON'BLE SHRI JUSTICE VISHAL MISHRA
                         ON THE 21st OF APRIL, 2022

                     WRIT PETITION No. 6085 of 2022

        Between:-
1.      ANUPAM ANAND S/O LATE B.L. ANAND , AGED
        ABOUT 45 YEARS, OCCUPATION: BUSINESS H.NO.
        7000, NAPIER TOWN DR. BARAT ROAD JABALPUR
        (MADHYA PRADESH)

2.      HARSH DEV ANAND S/O LATE B.L. ANAND , AGED
        ABOUT 43 YEARS, OCCUPATION: BUSINESS R/O H.
        NO. 7000, NAPIER TOWN DR. BARAT ROAD
        JABALPUR, DISTRICT JABALPUR, M.P. (MADHYA
        PRADESH)

3.      SATPAL LAMBA S/O LATE CHANAN LAL LAMBA ,
        AGED ABOUT 60 YEARS, OCCUPATION: BUSINESS
        R/O H. NO. 214, A.P.R. COLONY, KATANGA,
        JABALPUR, DISTRICT- JABALPUR, M.P. (MADHYA
        PRADESH)

4.      MOHAMMAD       SHAFIQUE S/O MOHAMMAD
        SAGEER , AGED ABOUT 36 YEARS, OCCUPATION:
        BUSINESS R//O 109, ANAND NAGAR, ADHARTAL
        JABALPUR, M.P. (MADHYA PRADESH)

                                                            .....PETITIONER
        (BY SHRI HIMANSHU MISHRA, ADVOCATE )

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH THE
        PRINCIPAL SECRETARY DEPARTMENT       OF
        REVENUE VALLABH BHAWAN, BHOPAL (MADHYA
        PRADESH)

2.      MUNICIPAL    CORPORATION     THROUGH
        COMMISSIONER        JABALPUR JABALPUR,
        MADHYAPRADESH (MADHYA PRADESH)

3.      COLLECTOR / DISTRICT MAGISTRATE JABALPUR
        DISTRICT- JABALPUR, M.P. (MADHYA PRADESH)

4.      SUB DIVISIONAL OFFICER (REVENUE) JABALPUR
        DISTRICT- JABALPUR, M.P. (MADHYA PRADESH)

5.      NAIB TAHSILDAR TEHSIL ADHARTAL DISTRICT-
        JABALPUR, M.P. (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (BY SHRI G.P. SINGH, GOVT. ADVOCATE )

      T h is petition coming on for admission this day, the court passed the
following:
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                                       ORDER

Present petition has been filed seeking following reliefs:

(i) The Hon'ble Court be pleased to call for the entire records pertaining to the case for perusal.

(ii) To quash/set aside the impugned notice dated 03.03.2022 passed by the respondent No.5, in the interest of justice.

(iii) To direct the respondent authority not to take any further action against the petitioners' land in question and

(iv) Cost of the petition be also awarded in favour of the petitioners. Subsequently, an amendment application has been filed pointing out the fact that a final order has been passed by the Collector, District Jabalpur, which is also put to challenge by way of amendment application.

Counsel for the petitioners has drawn attention of this Court to a judgment passed by learned trial Court in Civil Suit No.149-A/2015, whereby, learned trial Court has observed that the petitioners are having valid possession of the property in question. It is argued that although the petitioners have participated in the demarcation proceedings which has been conducted in pursuance to the direction given by the Collector, District Jabalpur, but the fact remains that modified order dated 24.01.2022 has been passed by this Court in W.P.No.50/2019 directing the Collector to inquire into the matter, meaning thereby, a direction was given to accord opportunity of hearing to the concerned parties and also to take into consideration the documents produced by them. The impugned order passed by the Collector, District Jabalpur is silent about the same.

Counsel appearing for the State alongwith Officer Inchage of the case submits that they are not taking any action in pursuance to the impugned notice, which has been issued to the petitioners for a period of seven days and fairly submits that the documents produced by them will be taken into consideration and an order will be passed on the same.

In such circumstances, without entering into the merits of the case, this petition is disposed of directing the petitioners to prefer a fresh representation to the Collector, District Jabalpur alongwith all relevant documents by tomorrow and in turn, if such a representation is preferred, the Collector District Jabalpur shall

look into the matter and decide the representation filed by the petitioners within a period of seven days.

It is expected that opportunity of audience be granted to the petitioners. With the aforesaid observations, the writ petition stands disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE sj

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.04.21 19:01:59 +05'30'