Rajendra Kumar Datta vs The State Of Madhya Pradesh
2022 Latest Caselaw 5900 MP

                       1    W.P.No.12056/2020




IN THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH
                      AT JABALPUR
                           BEFORE
           HON'BLE SHRI JUSTICE SHEEL NAGU
                              &
        HON'BLE SHRI JUSTICE MANINDER S BHATTI


                 ON THE 22nd OF APRIL, 2022


                     W.P. No.12056/2020
         Between:-

         RAJENDRA KUMAR DATTA, S/o SHRI
         BALDEV RAJ DATTA, AGED ABOUT 59
         YEARS, OCCUPATION BUSINESS, R/O
         BARRIC No.4, GALI No.3, ANAND
         NAGAR, DISTRICT KHANDWA (M.P.)

                                                .....PETITIONER

         (BY SHRI ASHOK GUPTA, ADVOCATE)

                            AND

   1.    THE STATE OF M.P. THROUGH THE
         COLLECTOR KHANDWA, DISTRICT
         KHANDWA (M.P.)
   2.    SUB DIVISIONAL OFFICER (REVENUE),
         KHANDWA, DISTRICT KHANDWA (M.P.)
   3.    TAHASILDAR, KHANDWA, DISTRICT
         KHANDWA (M.P.)
                                    2     W.P.No.12056/2020




       4.     SUPERINTENDENT       OF    POLICE,
              KHANDWA,      DISTRICT   KHANDWA
              (M.P.).
       5.     STATION HOUSE OFFICER, POLICE
              STATION MOGHAT ROAD KHANDWA,
              DISTRICT KHANDWA (M.P.)
       6.     DEPUTY DIRECTOR, NAGAR AVAM
              GRAM NIVESH KHANDWA (M.P.)
       7.     COMMISSIONER,           MUNICIPAL
              CORPORATION KHANDWA, DISTRICT
              KHANDWA (M.P.)
       8.     PRADEEP,    S/O   PREM    KUMARJI
              CAPRIHAN, R/O ANAND NAGAR,
              KHANDWA, DISTRICT KHANDWA (M.P.)
       9.     AJEET S/O PREM KUMARJI CAPRIHAN,
              R/O ANAND NAGAR, KHANDWA,
              DISTRICT KHANDWA (M.P.)
       10.    BHUPENDRA SINGH, S/O SHRI KARTAR
              SINGH KHADPURE, R/O TAPACHAL,
              KHANDWA, DISTRICT KHANDWA (M.P.)
       11.    SATINDAR SINGH, S/O SHRI KARTAR
              SINGH KHADPURE, R/O TAPCHAL,
              KHANDWA, DISTRICT KHANDWA (M.P.)
       12.    SUKHWINDER      SINGH,  S/O   SHRI
              KARTAR SINGH KHADPURE, R/O
              TAPACHAL,     KHANDWA,    DISTRICT
              KHANDWA (M.P.)

                                                                     ....RESPONDENTS
       (BY SHRI ANKIT AGRAWAL, GOVT. ADVOCATE FOR
       RESPONDENT Nos.1 TO 6, SHRI ARVIND PATHAK,
       ADVOCATE FOR RESPONDENT NO.7, MS. NIDHI
       VERMA, ADVOCATE FOR RESPONDENT No.8, SHRI
       SHUBHAM               KHAMPARIA,              ADVOCATE              FOR
       RESPONDENT Nos.10 & 11)
-------------------------------------------------------------------------------------------
                                 3    W.P.No.12056/2020




        This petition coming on for admission this day, Sheel Nagu, J., passed
the following:

                                    ORDER

This petition under Article 226 of Constitution filed by petitioner, who is resident of Barric No.4, Gali No.3, Anand Nagar, District Khandwa, espousing his personal cause as well as the cause of the residents of Gali No.3, Anand Nagar, District Khandwa, prays for the following relief:

"7.1 That, it is therefore, prayed that Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction to respondent Nos.1 to 5 to remove encroachment from Gali No.3, Anand Nagar, District Khandwa and further to take action against respondent Nos.8 to 12 in accordance with law, in the interest of justice.

7.2 Any other relief deems fit may also be granted including cost of litigation."

2. Learned counsel for rival parties are heard on the question of admission so also final disposal.

3. The grievance of petitioner as reflected from the pleadings is that the respondent Nos.1 to 5 and 8 to 12 allegedly encroached upon Gali No.3, Anand Nagar, District Khandwa thereby blocking the right to way of petitioner from and to his house. Petitioner has brought on record the sale deeds claiming that he is the owner and in possession of the said property.

4. On notice issued by this Court, separate replies have been filed by respondent Nos.1 to 6 and respondent No.8 denying the claim of the petitioner.

5. This Court by an order passed on 27.01.2022 and 07.03.2022 directed the respondent Nos.1 to 5 and 8 to 12 to respond to the claim of petitioner who had filed certain photographs to show existence of encroachment.

6. Respondent No.7-Commissioner, Municipal Corporation Khandwa by I.A. No.3466/2022 has brought on record the spot inspection report dated 06.11.2020 and also the judgment and decree dated 29.06.1991 passed in favour of respondent No.8 and against the State and the Officer Commandant NCC 36 MP Battalion, Khandwa of eviction u/S 12 (1) (a) of the M.P. Accommodation Control Act, 1961.

7. From the aforesaid documents which have been brought on record by official respondents, it appears that the question of title, possession and right to way is involved in the controversy raised here.

8. It is trite law that writ jurisdiction ought not to be invoked to decide questions of title, possession and right to way for which the proper forum is the Civil Court where proper adjudication can take place after adducing evidence, which is not possible while exercising writ jurisdiction.

9. Therefore, without commenting upon merits of the claim of the rival parties, this Court extends liberty to petitioner to approach the Civil Court as regards his grievance.

10. Petition stands disposed of. No cost.

       (SHEEL NAGU)                                      (MANINDER S BHATTI)
         JUDGE                                                 JUDGE
  Biswal




Digitally signed by SHIBA NARAYAN
BISWAL
Date: 2022.04.26 10:55:03 +05'30'