Madhya Pradesh High Court
Yogesh Kumar Bisen vs The State Of Madhya Pradesh on 17 October, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
1 WP-40976-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 40976 of 2025
(YOGESH KUMAR BISEN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 17-10-2025
Shri Gaurav Maheshwari - Advocate for the petitioners.
Heard on I.A.No.20206 of 2025, an application for amendment.
For the reasons assigned, the application is allowed. Necessary amendment
be carried out during the course of the days and an amended memo be filed
thereafter.
Issue notice to the respondents on payment of process fee within seven
working days by RAD mode, failing which, this petition shall stand dismissed
without further reference to the Court.
Heard on the question of interim relief.
Counsel appearing for the petitioners has placed reliance upon provisions of
the Colony Development Rules, 2021 specifically referring to Rule 22 which
deals with Action against the development of unauthorised colonies wherein
Clause 4 is relevant, which reads as under :-
"(4) In case, the development/construction is not removed in
the unauthorised colony within the period specified in sub-
rule (3) hereinabove, the competent authority shall take
action for removal of the development/construction and also
file complaint against the developer and landowner in the
concerned police station for taking necessary penal action
under the relevant provisions of the Act."
He has further relied upon Section 339-C of the M.P. Municipalities Act,
1961 and has argued that Clauses 1 and 2 deal with the offences being carried out
while doing illegal colonization, specifically referred to Clause 3 which provides
that the Courts are having powers for imposing punishment and fine. The relevant
2 WP-40976-2025
reads as under :-
"[(3) Whoever commits or abets the commission of an
offence of illegal diversion or illegal colonization shall be
punished with an imprisonment of not less than three years
and not more than seven years and with a minimum fine of
ten thousand rupees, and the Court may, in passing the
judgment in respect of any such offence, order the accused
to pay to the Council, such amount of compensation as
specified in the judgment, taking into consideration the
amount required to be incurred towards the development of
such illegal colony, and such offence shall be a cognizable
offence.]"
He has referred to impugned order pointing out the fact that such exercise is
being carried out by the Collector who is not a competent authority. It is the Court
which can impose fine upon the petitioners.
Considering the aforesaid, as a matter of interim relief, the effect and
operation of the impugned orders dated 09.10.2025, 25.08.2025, 23.04.2025,
28.05.2025, 04.06.2025 and 29.07.2025 is stayed till the next date of hearing.
State counsel is at liberty to file response along with the stay vacating
application.
List after four weeks along with W.P.No.33846 of 2025 for analogous
hearing.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
sj
