Mahesh Chandra Awasthi vs The State Of Madhya Pradesh
2026 Latest Caselaw 3424 MP

Madhya Pradesh High Court

Mahesh Chandra Awasthi vs The State Of Madhya Pradesh on 8 April, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

           NEUTRAL CITATION NO. 2026:MPHC-GWL:11569




                                                                         1                                            WP-11292-2026
                            IN     THE          HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                         ON THE 8 th OF APRIL, 2026
                                                    WRIT PETITION No. 11292 of 2026
                                       MAHESH CHANDRA AWASTHI AND OTHERS
                                                      Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                         Shri Anil Sharma - Advocate and Shri Anoop Sharma - Advocate for the
                         petitioners.
                         Shri Dharmendra Nayak - GA for the respondents/State.
                                                                             ORDER

The present writ petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-

a) Issuing a writ/mandamus and directions to the respondents to carry-out the demarcation proceedings under the MPLRC 1959 of survey numbers 2934, 2942, 2945, 2946 to 2952, 2957, within the time limit as fixed by this Hon'ble Court.

b) Till demarcation as per Code 1959, the respondents may kindly be directed not to interfere in the possession of petitioners.

c) The respondents may further kindly be decided that till appeal is pending before appeal committee(Annex.P6), no coercive action be taken.

d) The respondents may further kindly directed to consider the earlier demarcation (Annex.P/9) which was made in compliance of order of this Hon'ble court.

e) To pass such other further order (s) deemed fit and proper in the interest of justice.

e) Cost may also be awarded.

2. Learned counsel for the petitioners submits that the petitioners are not assailing any specific order but are aggrieved by the arbitrary action on the part of the respondents in declaring the petitioners to be encroacher based on a so-called demarcation conducted on 20.02.2026. It is submitted that the said demarcation has been carried out without issuing any notice to the

NEUTRAL CITATION NO. 2026:MPHC-GWL:11569

2 WP-11292-2026 petitioners and without affording any opportunity of hearing, which is in clear violation of the provisions of the M.P. Land Revenue Code and the principles of natural justice.

3. It is further submitted that earlier demarcation conducted pursuant to the orders of this Court did not find any encroachment on the part of the petitioners, and the present action is contrary to the earlier proceedings as well as the record. It is also submitted that pursuant to notice dated 06.03.2026, the petitioners have already submitted a detailed reply on 09.03.2026, however, without considering the same, the respondents are proceeding to take coercive action.

4. Learned counsel for the State, on the other hand, submits that the

respondents are acting in accordance with law and the petition does not deserve interference.

5. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that pursuant to the notice issued by the respondents, the petitioners have already submitted their reply, which is stated to be pending consideration before the competent authority.

6. In the considered opinion of this Court, the ends of justice would be met if the competent authority is directed to consider and decide the reply submitted by the petitioners, in accordance with law, after affording due opportunity of hearing.

7. Accordingly, without expressing any opinion on the merits of the case, the present petition is disposed of with direction to the competent authority/respondents to consider and decide the reply submitted by the

NEUTRAL CITATION NO. 2026:MPHC-GWL:11569

3 WP-11292-2026 petitioners in response to the notice dated 06.03.2026, by passing a reasoned and speaking order in accordance with law, within a period of four weeks from the date of receipt of certified copy of this order and the petitioners shall be afforded an opportunity of hearing before passing such order.

8. It is further directed that till the aforesaid exercise is completed, the parties shall maintain status quo with regard to the property in question.

9. With the aforesaid directions, the present writ petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE

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