Shailendra Kumar Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 2994 MP

                                                     1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 3rd OF MARCH, 2022

                                          WRIT PETITION No. 4409 of 2022

                             Between:-
                      1.     SHAILENDRA KUMAR SHARMA S/O LATE SHRI
                             RAGHUNANDAN SHARMA, AGED ABOUT 65
                             YEARS, OCCUPATION: RETIRED GOVT. EMPLOYEE
                             R/ORAILWAY     LINES  NEW    KANCHANPUR
                             JABALPUR M.P. (MADHYA PRADESH)

                      2.     PRABHAT SHARMA S/O LATE SHRI RAMKAWAL
                             SHARMA, AGED ABOUT 52 YEARS, OCCUPATION:
                             BUSINESS R/O - RAILWAY LINES, NEW
                             KANCHANPUR, JABALPUR, (M.P.) (MADHYA
                             PRADESH)

                      3.     SUBODH JHA S/O LATE SHRI SHRIRAM JHA, AGED
                             ABOUT 50 YEARS, OCCUPATION: BUSINESS R/O -
                             RAILWAY LINES, NEW KANCHANPUR, JABALPUR,
                             (M.P.) (MADHYA PRADESH)

                      4.     MRS. SARITA SHARMA W/O SHRI NARENDRA
                             SHARMA, AGED ABOUT 55 YEARS, OCCUPATION:
                             HOUSEWIFE R/O - RAILWAY LINES, NEW
                             KANCHANPUR, JABALPUR, (M.P.) (MADHYA
                             PRADESH)

                                                                                .....PETITIONER
                             (BY SHRI G.K. SHRIVASTAVA, ADVOCATE)

                             AND

                      1.     THE STATE OF MADHYA PRADESH THROUGH
                             SECRETARY     DEPARTMENT OF  REVENUE
                             VA LLA B H BHAWAN BHOPAL M,P (MADHYA
                             PRADESH)

                      2.     THE     COLLECTOR        JABALPUR DISTRICT
                             JABALPUR, M.P. (MADHYA PRADESH)

                      3.     THE   SUPERINTENDENT   ENGINEER    JAL
                             SANSADHAN MANDAL JABALPUR M.P. (MADHYA
                             PRADESH)

                      4.     THE COMMISSIONER MUNICIPAL CORPORATION
                             OF    JABALPUR JABALPUR, M.P. (MADHYA
                             PRADESH)

                      5.     HARISH CHANDRA YADAV S/O RAMNATH YADAV,
                             AGED ABOUT 50 YEARS, OCCUPATION: NILL R/O -
                             NEW KANCHANPUR, JABALPUR, M.P. (MADHYA
                             PRADESH)
Signature
 SAN      Not
Verified                                                                      .....RESPONDENTS
Digitally signed by          (BY SHRI G.P. SINGH, GOVERNMENT ADOVATE)
SHABANA ANSARI
Date: 2022.03.04
16:48:35 IST
                                                                2
                                                                ORDER

Petitioner has filed this writ petition making a prayer that respondent No.4 be directed to demolish illegal construction and encroachment over area shown in red colour in the map (Annexure-P/1). Petitioner has also filed a complaint in respect of encroachment before Tehsildar which is pending for considerations and stay

has already been granted in his favour.

Since, petitioner has already approached Tehsildar by filing a complaint and Tehsildar is seized with the matter, therefore, writ petition filed by petitioner before this Court, is not maintainable in view of judgment passed by Apex Court in case of (2009) 16 SCC 766, Delhi Gate Auto Service Station and others vs Bharat Petroleum Corporation Limited, Agra through Senior Divisional Manager and others.

Petitioner is at liberty to approach Tehsildar and pursue his complaint case or may avail other civil remedy available to him in accordance with law.

In view of above, writ petition filed by petitioner is disposed off. Certified copy as per rules.

                                                                                        (VISHAL DHAGAT)
                                                                                                  JUDGE
                      shabana




Signature
 SAN      Not
Verified

Digitally signed by
SHABANA ANSARI
Date: 2022.03.04
16:48:35 IST