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Madhya Pradesh High Court
Sitaram Ahirwar vs The State Of Madhya Pradesh on 16 April, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:12223
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 16th OF APRIL, 2026
WRIT PETITION No. 11740 of 2026
SITARAM AHIRWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rishikesh Bohare - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the respondent/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioner seeking following reliefs:-
"(i) That, the respondent No.2 Collector/Land Acquisition officer
District Guna (MP) may kindly be directed to consider and decide
the petitioners' representation in view of provisions contemplated
under sub-section (2) of section 24 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
(ii) That, respondent No.2 Collector/Land Acquisition officer
District Guna (MP) may kindly be directed to declare said land
acquisition proceedings of year 1998-99 to be lapsed in view of
said provisions of sub-section (2) of section 24 of said Act,2013
and to take appropriate steps for protecting petitioners' possession
on said land survey no.236 area 2.693 hectare situated in village
Ahirkhedi, Tehsil Raghogarh Disrict Guna (MP).
(iii) That, any other suitable writ, order or direction in favour of
the petitioners may kindly be passed in the interest of justice and
cost may kindly be granted to the petitioners. "
2. It is submitted on behalf of the petitioners that they are permanent
residents of Village Ahirkhedi, Tehsil Raghogarh, District Guna, and are
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dependent on agriculture for their livelihood. The land bearing Survey No.
236 admeasuring 2.693 hectares has been in their possession and cultivation
since the lifetime of their father, Late Shri Kamarlal Ahirwar, who was
recorded as the owner. The petitioners contend that on 03.11.2025 certain
officials visited the land and threatened dispossession on the ground that the
land had been acquired pursuant to proceedings initiated in the year 1998-99
for establishment of an Industrial Development Centre. Upon verification of
the revenue records for the year 2025-26, the petitioners found that the name
of the Mahaprabandhak, Zila Udyog Kendra, Guna had been recorded in
place of their father. Aggrieved by the said development, the petitioners
submitted a representation dated 09.12.2025 (Annexure P/1) before
respondent No.2/the Collector, District Guna, seeking declaration that the
acquisition proceedings have lapsed in view of sub-section (2) of Section 24
of the Act of 2013. It is urged that despite submission of the said
representation, no decision has been taken till date. Learned counsel for the
petitioners, therefore, submits that a direction may be issued to the competent
authority to consider and decide the said representation within a stipulated
time.
3. On the other hand, learned counsel appearing on behalf of the
respondents/State submits that if such a direction is issued, the State has no
objection.
4. Having heard the learned counsel for the parties and considering the
limited nature of the relief sought, this Court deems it appropriate to dispose
of the petition with a direction to respondent No.2/the Collector, District
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Guna (M.P.) to consider and decide the petitioners' pending representation
dated 09.12.2025 (Annexure P/1) by passing a reasoned and speaking order,
as expeditiously as possible, preferably within a period of four weeks from
the date of receipt of a certified copy of this order, strictly in accordance with
law.
5. It is made clear that this Court has not expressed any opinion on the
merits of the case.
6. With the aforesaid directions, the petition stands disposed of.
7. E-copy/certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
