Citation : 2022 Latest Caselaw 1197 MP
Judgement Date : 25 January, 2022
1 WP. 1016/2022
The High Court of Madhya Pradesh
Writ Petition No. 1016/2022
(Hafeez Khan vs. State of MP & Ors.)
Gwalior dated 25.01.2022
Heard through Video Conferencing.
Shri G.S. Sharma, learned counsel for the petitioner.
Petitioner, a self-styled social activist claims to be bonafide
resident of Chachoda, District Guna, has approached this Court
through the instant probono publico (Public Interest Litigation)
seeking relief against the respondents - revenue authorities in the
form of direction for removal of encroachment in the context of judgment and decree passed by the trial Court and Appellate Court as well as for setting aside the order dated 9.9.2021 related to revenue record.
Regard being had to the nature of reliefs sought for, this Court is of the view that extraordinary constitutional jurisdiction cannot be invoked for removal of encroachment at the instance of the petitioner. Instead, the petitioner shall be well advised to approach the revenue authorities in the context of the reliefs sought for. This Court cannot be reduced to a fact finding authority to hold a roving enquiry and adjudication on factual dispute.
Consequently, writ petition is dismissed with liberty as aforesaid.
(Rohit Arya) (Satish Kumar Sharma)
(yog) Judge Judge
YOGESH VERMA
2022.01.25
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
18:05:27 +05'30'
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