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Madhya Pradesh High Court
Brajesh Sharma vs The State Of Madhya Pradesh on 3 February, 2026
Author: Anand Pathak
Bench: Anand Pathak, Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:4247
1 WP-48511-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 3 rd OF FEBRUARY, 2026
WRIT PETITION No. 48511 of 2025
BRAJESH SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Divakar Vyas - Advocate for petitioner.
Shri Vivek Khedkar-Senior Advocate/AAG along with Shri Kartik Karara -
Advocate for respondents/State.
ORDER
Per: Justice Anand Pathak
1. Heard on I.A. No.1653/2026, an application for amendment in
cause title.
2. On due consideration, I.A. No.1653/2026 is hereby allowed.
3. Let necessary amendment be carried out during the course of day.
4. At the request of counsel for petitioner, amendment carried out
across the Board.
5. After amendment being carried out, matter is heard on admission.
6. Present petition is preferred under Article 226 of Constitution of
India in the nature of Public Interest Litigation seeking following reliefs :-
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(i) Issue an appropriate order or direction directing the
respondent authorities to conduct a proper and time-bound
demarcation and verification of Survey No. 296/1, District
Sheopur, in the presence of responsible officers of Revenue
Department, Water Resources (Jal Sansadhan) Department,
and the Cooperative Housing Society.
(it) Quash and set aside any illegal entries in revenue
records, objections, or claims showing Survey No. 296/1 as
the land of the Irrigation (Sichai) Department, in view of the
categorical admission by the Karyapalan Yantri, Jal
Sansadhan Vibhag that the said survey number does not
belong to the Irrigation Department.
(iii) Direct the respondents to take appropriate action
against officials responsible for creating false, misleading, or
manipulated records regarding the ownership of Survey No.
296/1, which has resulted in harassment and obstruction in
the rights of lawful allottees of the Cooperative Housing
Society.
(iv) Direct the respondents to ensure that the members
of the Government Housing Cooperative Society are not
obstructed or dispossessed from their lawfully allotted plots
due to incorrect or fabricated claims regarding the land.
(v) Any other order or direction deemed Just, proper,
equitable and in the interest of justice may kindly be passed
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in favour of the petitioner.
7. Petitioner is a journalist and is aggrieved by the encroachment and
unauthorised construction carried out over government land bearing survey
No.296/1 situated at Sheopur.
8. Counsel for respondents/State fairly submits that Collector, District
Sheopur has already taken care of the issue in question vide order dated
23/06/2025 (Annexure P/3); whereby, an Enquiry Committee has been
constituted with Deputy Collector as the head of the Committee. The said
Committee gave its report on 4/9/2025 (Annexure P/4). Many irregularities
have been found by the Committee and said irregularities have been detailed
out. Now, respondents are taking care of all these irregularities.
9. Considering the submissions and the fact that the Committee
already inquired into and inspected the land in question and thereafter, gave
its report. Therefore, it is now for the Collector to proceed in accordance
with law to protect the government land.
10. Needless to say, it is the duty of revenue officers to protect the
government land. If any irregularity or mischief is found in respect of
government land or if manipulation is found in revenue records, then strict
action be taken against all revenue officers and other responsible persons
who were involved into it. If required, police action may also be initiated
against the mischievous miscreants.
11. On the report so submitted, necessary follow-up action shall be
ensured by the Collector, District Sheopur within one month from the date of
submission of certified copy of this order.
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12. With the aforesaid directions, the present petition stands disposed
of.
13. However, it is made clear that this Court has not expressed any
opinion on merits of the case and Collector, District Sheopur has to proceed
on its own merits in accordance with law.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
(Dubey)
