Madhya Pradesh High Court
Devendra vs The State Of Madhya Pradesh on 7 August, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 7 th OF AUGUST, 2025
WRIT PETITION No. 31069 of 2025
DEVENDRA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri M.P.S.Raghuwanshi - Sr. Advocate with Shri Ashwini Johri -
Advocate for the petitioners.
Shri Ravindra Dixit - Govt. Advocate for respondents/State.
ORDER
Heard on the question of admission and interim relief.
2. The instant writ petition takes exception to the auction notice dated
24.07.2025 issued by the Naib Tehsildar, Circle Umri, District Bhind,
whereby the agricultural rights of lands belonging to Jayeshwar Mahadev
Mandir Umri situated at Village Umri are sought to be auctioned for the
purpose of agriculture for a period of one year.
3. Counsel appearing for the petitioners submits that the petitioners are
occupying the lands since more than 100 years and without evicting them,
the lands cannot be put to auction. Learned Sr. Counsel by referring to
Annexure-P/3 i.e., order dated 28.08.2024 passed by the Naib Tehsildar
under Section 248 of M.P. Land Revenue Code, submits that by the said
order, while imposing fine the direction for eviction was issued. However, no
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eviction proceedings have been executed against the present petitioners till
date. He further submits that even the eviction order has now been
challenged by the petitioner in the instant writ petition. Counsel for the
petitioner submits that the Naib Tehsildar has no competence or jurisdiction
to auction the agricultural rights of lands belonging to the temple.
Accordingly, prayer for quashment of the auction notice as well the eviction
order passed under Section 248 of M.P.LRC on 28.08.2024 is made.
4. On the other hand, counsel appearing for the State/respondent
opposes the prayer and submits that once the petitioners have been declared
to be encroachers on the land in question, they have no locus to challenge the
auction proceedings being conducted for the lands belonging to Jayeshwar
Mahadev Mandir Umri. The temple is not aggrieved by the auction
proceedings as it has not challenged the same, the order declaring the
petitioners encroachers over the land in question and their eviction is in force
since 28.08.2024. The statutory limitation of challenging the said order in an
appeal has already expired. The petitioners cannot now be permitted to
challenge the order dated 28.08.2024 in the present proceedings as the writ
jurisdiction cannot be permitted to be invoked to challenge the order for
which, the limitation provided under the enactment for challenging the same
in a statutory appeal has expired. Counsel for the State submits that in the
light of judgment of the Hon'ble Supreme Court in the case of State of M.P.
and Ors. Vs. Pujari Utthan Evam Kalyan Samiti (2021) 10 SCC 222, the
petitioners herein have no locus to question the auction proceedings.
Accordingly, prayer for rejection of the writ petition is made.
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5. No other point has been pressed by the learned counsel for the
parties.
6. Heard learned counsel for the parties and perused the documents
available on record.
7. The issues arising for consideration before this Court are that as to
whether, the petitioners claiming themselves to be encroachers on the
agricultural lands situated at Village Umri proposed to be auctioned for a
period of one year have any locus to challenge the auction notice dated
24.07.2025 being declared encroachers ? And whether, from the pleadings
made in the writ petition, the petitioners can be said to be in possession of
the agricultural lands situated at Village Umri proposed to auctioned? The
perusal of the agricultural lands situated at Village Umri as contained in
auction notice dated 24.07.2025 would reveal that the following survey
numbers/ area are proposed to be auctioned.
1. 1209/1.02 13. 2795/0.58
2. 518/0.52 14. 2797/0.34
3. 519/0.54 15. 2800/0.05
4. 1616/0.64 16. 3152/0.53
5. 1617/0.03 17. 3153/0.28
6. 1702/0.92 18. 3392/0.48
7. 224/0.20 19. 3393/0.55
8. 2228/0.50 20. 3782/0.38
9. 2229/0.72 21. 3783/0.46
10. 2252/0.74 22. 3788/0.62
11. 2373/0.05
12. 2375/0.56
8. As per the pleadings of the petitioners as pleaded in para 5.2 of the
petition, they are in alleged possession of the lands as follows:-
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S. Name of Years of
Survey Number Name of Village
No. Petitioner Possession
2475, 2478, 2484 About 100
1. Devendra Umri
& 2487 years
About 100
2. Mohar Singh 971, 1972 & 2356 Umri
years
Dheeraj Singh About 100
3. 1209 Umri
Yadav years
About 100
4. Atiwal Singh 228, 30, 45, 46, 47 Umri
years
About 100
5. Jagdish 918, 919, 921, 922 Roor
years
Yadavon ka Pura About 100
6. Atiwal Singh 638, 639, 645, 646
(Billao) years
About 100
7. Dinesh 914, 915, 916 Roor
years
About 100
8. Ram Kumar 937 Roor
years
About 100
9. Ram Vysai 936 Roor
years
About 100
10. Mansha Ram 916, 937 Roor
years
About 100
11. Ran Singh 3783, 3788 Gehvad, Umri
years
Satyaveer About 100
12. 109, 116, 121, 83 Umri
Singh years
Suresh Kumar About 100
13. 2564 Umri
Ojha years
9. The bare perusal of the survey numbers and the names of villages
when compared with the table of the lands proposed to be auctioned would
reveal that the lands mentioned in respect of petitioners No.5, 6, 7, 8, 9 and
10 are not even from Village Umri, but are from Village Roor and Yadav ka
Pura (Billao). It is, thus, abundantly clear that neither the survey numbers nor
the village of the said petitioners have anything to do with the lands
proposed to be auctioned as mentioned in the impugned auction notice dated
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24.07.2025. That apart, the survey numbers as pleaded by the petitioners in
respect of petitioners No.1, 2, 4, 12 and 13 are not the survey numbers
mentioned in the impugned auction notice dated 24.07.2025 and in respect of
petitioners No.3 and 11, only the small portion of survey Nos.1209, 3783
and 3788 are proposed to be auctioned. However, the pleadings of the
petitioners No.3 and 11 also do not indicate at all as to what portion of the
survey Nos.1209, 3783 and 3788, they are in alleged possession. It can, thus,
be safely concluded that the petitioners herein have no locus standi to
challenge the auction notice dated 24.07.2025. Admittedly, the beneficiary of
the auction notice i.e., Jayeshwar Mahadev Mandir Umri is not impleaded as
party respondent. The competence of Naib Tehsildar to issue the auction
notice is not required to be examined at the behest of the petitioners.
10. In view of the above, the admission to the instant writ petition
challenging the auction notice dated 24.07.2025 at the instance of the writ
petitioners is declined.
11. Insofar as the challenge to the orders dated 28.08.2024 and
28.08.2024 (Annexure-P/3) passed against the petitioners under Section 248
of the M.P. Land Revenue Code, 1959, by the Naib Tehsildar is concerned,
in view of the availability of statutory and alternative remedy of appeal and
revision provided under the M.P. Land Revenue Code, 1959 itself, the
interference into the said orders is also declined. However, liberty is reserved
in favour of the petitioners to challenge the orders (Annexure-P/3) in a
statutory appeal before the statutory appellate authority in accordance with
law, if they so desire.
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12. With the aforesaid, the instant writ petition stands disposed of.
(AMIT SETH)
JUDGE
Adnan
