Nathua vs The State Of Madhya Pradesh
2024 Latest Caselaw 4790 MP

Madhya Pradesh High Court

Nathua vs The State Of Madhya Pradesh on 19 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 19 th OF FEBRUARY, 2024
                                                WRIT PETITION No. 3735 of 2024

                           BETWEEN:-
                           NATHUA S/O SHRI TOTA RAM, AGED ABOUT 55 YEARS,
                           OCCUPATION: AGRICULTURIST VILLAGE AJNAR P.S.
                           LAHAR DISTRICT BHIND (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI NIRMAL SHARMA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER CHAMBAL DIVISION MORENA
                                 (MADHYA PRADESH)

                           3.    COLLECTOR BHIND (MADHYA PRADESH)

                           4.    SUB  DIVISIONAL           OFFICER LAHAR     BHIND
                                 (MADHYA PRADESH)

                           5.    SUPERINTENDENT     OF                POLICE POLICE
                                 HEAD QUARTER S LAHAR              BHIND (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI VIVEK KHEDKAR- GOVERNMENT ADVOCATE FOR
                           RESPONDENTS/STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

1. The instant petition has been preferred by petitioner under Article 226 of the Constitution seeking following reliefs:-

i- That the Respondents may kindly be directed to protect the interest of Petitioner over the Property and be further directed to take appropriate action against the private persons in the interest of justice.

ii- That cost of the litigation be also directed to be paid to the Petitioner.

iii- Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.

2. After arguing for a while, learned counsel for petitioner intends to avail his other remedies available to him as per the mandate of Apex Court in the

case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage, (2016) 6 SCC 277 and the judgment rendered by this Court in the case of Shweta Bhadoria Vs. State of M.P. and Ors., 2017 (1) MPLJ (Cri) 338 , in accordance with law.

3. Considering the submissions, this petition is disposed of with a direction to petition to avail his other remedies as per law laid down in the cases of Sudhir Bhaskarrao Tambe (supra) and Shweta Bhadoria (supra).

4. with the aforesaid directions, petition stands disposed of.

(ANAND PATHAK) JUDGE Vishal